A court in Switzerland has convicted and sentenced a 47-year-old Frenchman to 12-months in jail for having s*x without a condom with a s*xual partner who had believed he was wearing one.
According to ATS news agency, the court in the landmark decision, determined that having s*x without a condom if the use of a condom is expected by those involved, is considered r*pe.
It was learnt that the Frenchman had met his s*x partner, a Swiss woman, through the dating app, Tinder.
Reports had it that on a second date at the woman’s house, they began to have s*x with a condom, but the man later removed it. The woman said she only realised that he was no longer wearing a condom after the s*x was over.
The court judged that if the woman had known that her partner wasn’t wearing a condom, she would have refused s*x with him.
The victim’s lawyer who spoke to a correspondent on Tuesday, said the decision was “a first for Switzerland.”
The court handed the Frenchman a 12-month suspended jail sentence, but the decision can be appealed.
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