In two lawsuits that were served yesterday, the Dutch Public Prosecution Service is demanding 12-month prison sentences for men who did not use a condom despite agreeing to do so.
Why? Because non-consensual condom removal, also called “stealthing”, it’s a form of forced unsafe sex, they say. And that makes it rape.
Two concerning cases
As RTL Nieuws writes, the two separate trials cover the same issue.
In the first trial, the convicted is 28-year-old Khaldoun K., who had met up with his victim after meeting her on a dating website.
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During their date, the woman had consented to have sex with K., provided he would use a condom.
Though he initially agreed, Khaldoun K. allegedly proceeded to remove the condom without his victim’s consent or knowledge.
In the second case, 26-year-old Ruben R. is being charged with the same crime. In addition to a prison sentence, the Public Prosecution is also demanding a restraining order against him.
During his hearing, R. expressed regret. He claims that in the “heat of the moment,” he forgot to put on a condom, but he had intended to use one.
No law on ‘stealthing’
While other countries, such as Switzerland and Germany have laws against “stealthing”, the Netherlands does not. “The rule of law is shamefully behind in women’s rights,” one of the victims said.
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Whether these cases will be judged as rape, coercion, or neither, will be up to the court, whose ruling will take place on March 14.
What do you think about the Netherlands’ lack of laws on stealthing? Let us know in the comments.
In the Netherlands, as in other countries, stealthing is prosecuted under existing sexual abuse laws, so there does dot seem to be a gap in the law. There is, however, a gap in awareness and enforcement: the small number of male stealthers pales in comparison to the high number of women who sabotage agreed contraception to get pregnant against the will of their partner. Women too should be aware that in doing so they are committing a serious crime.