Man Convicted of Rape for Taking Condom Off During Sex
Woman would not have consented had she known, court rules
By Evann Gastaldo,  Newser Staff
Posted Jan 12, 2017 3:29 PM CST
Stock image.   (Getty Images / Perytskyy)

(Newser) – A 47-year-old French man and a Swiss woman he met on Tinder were having sex during their second date when the man slipped his condom off without telling the woman—and now he's been convicted of rape. Switzerland's highest court determined that the woman, whose lawyer calls this conviction "a first for Switzerland," would not have consented to sex with the man had she known he was not wearing protection, the Local reports. He was given a 12-month suspended sentence over the June 2015 incident, the Independent reports.

Broadly notes that this is the same controversy swirling around Julian Assange—two women accused him of intentionally taking off or tampering with condoms, without consent, during sex. Doing so is against the law in the UK, which found there were grounds for him to be extradited to Sweden to face rape charges over the incident. As an expert explains, though, "a lot comes down to what can be proved in court. ... A jury would have to determine that he didn't have a reasonable belief in consent and just went ahead and did it anyway." (A sex-assault survivor penned a powerful letter to her assailant.)

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