A 47-year-old Frenchman who had sex without a condom with a sexual partner who believed he was wearing one has has been convicted of rape and sentenced to 12-month jail term by a court in Switzerland.
The court in Lausanne determined that having sex without a condom if the use of a condom is expected by those involved is considered rape, the news agency, ATS, had reported.
The Frenchman had met his sex partner, a Swiss woman, through the dating app Tinder.
Reports has it that on a second date at the woman’s house, they began
to have sex 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 sex was over.
The court judged that if the woman had known that her partner wasn’t wearing a condom, she would have refused sex with him.
Speaking to ATS on Tuesday, the victim’s lawyer 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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