The main civil and criminal court in Germany has ruled this Wednesday in favor of considering as sexual assault the non-consensual removal of the condom during sexual relations.
The sentence is based on the review of a case processed by a regional court in Dusseldorf (northwest) in which a man pretended to put on a condom.
The man even took the condom out of its packaging and assured the woman with whom he had sex that he had actually put it on.
The woman, who was unaware of the man’s maneuver, reported what had happened and, during the trial, stated that she would never have consented to unprotected sex.
The regional justice then considered the case as sexual assault, and now the Federal Court of Justice of Germany has ratified that decision.
As detailed by a spokesman for the Dusseldorf court, according to the evidence collected, the man could even have been convicted of rape, instead of sexual assault.
However, the ruling has been annulled due to an error related to the notification times to the defendant, with which the case must be tried again.
The Düsseldorf regional court had sentenced the defendant, a regular user of dating apps, to three years in prison for various charges in this first trial.