Man in Switzerland convicted of rape for taking off condom during sex

The conviction was described by the victim's lawyer as a first in the country

Man in Switzerland convicted of rape for taking off condom during sex

2009 file photo of a general view of condoms | Image: Niall Carson PA Wire/Press Association Images

A 47-year-old man was convicted of rape in Switzerland for taking a condom off during sex without the victim knowing.

The pair - who met on Tinder - were on a second date at the complainant's house when they began having sex with a condom. The victim subsequently realised the condom had been removed after they had finished.

The court judged that the woman would have refused to have sex if she had known the condom would be removed. 

It is considered to be a landmark decision by the Criminal Court in Lausanne, Switzerland, determining that having sex without a condom constituted rape if the use of one was expected. The victim’s lawyer has described the conviction as "a first for Switzerland".

The unnamed man was given a 12-month suspended sentence on Monday, according to news agency RTS.

Ireland

Under the Criminal Law (Rape) Act, 1981, rape is legally defined as "unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it, and at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it".

Under the Criminal Law (Rape) (Amendment) Act, 1990, rape is legally defined as "sexual assault that includes penetration (however slight) of the anus or the mouth by the penis" or "penetration (however slight) of the vagina by any object held or manipulated by another person".