A German woman has been found guilty of sexual assault after punching holes in her partner’s condoms in an attempt to conceive, according to reports.
The 39-year-old woman was in a “friends with benefits” relationship with the man when she intentionally damaged the condoms without his knowledge.
According to the judge, the case has become a legal history, as the crime known as “theft” – in which a man secretly removes a contraceptive during sex – in this case was committed by a woman.
She was sentenced to six months probation.
The couple met online in early 2021 and began a casual, sexual relationship.
She developed deeper feelings for her 42-year-old partner, but she knew he didn’t want a relationship, according to Bild.
The woman secretly drills holes in the condom package in hopes of getting pregnant, but is said to have failed.
However, she later sent the man a WhatsApp message saying she believed she was pregnant – and told him what she had done.
He subsequently lodged a complaint against her.
Although prosecutors and the court agreed that a crime had been committed, there was initially uncertainty as to what she should be charged with.
“We wrote a legal history here today,” Judge Astrid Salewski told the regional court in the western city of Bielefeld.
After first investigating whether the crime was rape, she decided that the charge of sexual violence was appropriate after reading about the crime of theft while reviewing the case law.
In his decision, the judge said: “This provision also applies in the opposite case.
“The condoms were made unusable without the man’s knowledge or consent.”
She added: “It doesn’t mean no here.”
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