In a first of its type case, a man has been convicted of “rape” and sentenced to 12-month jail term by a court in Switzerland.
The 47-year-old Frenchman had had sex without a condom with a sexual partner who believed he was wearing one. In the landmark decision, 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 had it that on a second date at the woman’s house, they began to have sex with a condom, but the man secretly removed it later.
The woman said she only realised that he was no longer wearing a condom after they were done. The court judged that if the woman had known that her partner wasn’t wearing a condom, she would have refused sex with him.
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.