A woman who punched holes in her partner’s condoms without his consent or knowledge was found guilty of sexual assault in what the judge described as a “historic” case.
A West German court has found that the woman was sentenced to six months probation for intentionally damaging her partner’s condoms.
The ruling judge said the unusual case was for German history books, a case of criminal “theft” committed by a woman, Deutsche Welle reported.
The case in the district court in the West German city of Bielefeld involved a 39-year-old woman, whose name was not named.
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She was allegedly in a relationship with “friends with benefits” with a 42-year-old man, according to Mirror Online.
The couple began a casual sexual relationship after an online meeting in early 2021.
It is reported that the woman developed deeper feelings for her partner, although she knew that he did not want to have a relationship.
She then drilled holes in the condom package that her partner kept in his nightstand, hoping to get pregnant.
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Her efforts were reportedly unsuccessful.
However, she later wrote a message to the 42-year-old man on WhatsApp, informing him that she believed she was pregnant.
In those reports, she also admitted to intentionally damaging condoms.
The man filed criminal charges against her for her confessions and her disbelief in pregnancy.
The woman later admitted that she tried to manipulate her partner.
Although prosecutors and the court agreed that a crime had been committed, they were initially unsure what specific charges would be brought against the 39-year-old man.
Judge Astrid Salevski told the court that the legal history was written in the courtroom that day.
While reviewing the case law, the judge decided that the charge of sexual assault was appropriate after reading about the crime of theft.
“Stealing” traditionally refers to a man secretly removing his condom without their partner’s knowledge or consent.
“This provision also applies in the opposite case. “Condoms have become unusable without the man’s knowledge or consent,” Salevski said in his decision.
“It doesn’t mean no here,” she added.
While theft is rape under UK law, there was once only one successful prosecution, which was in 2019.
Lee Hogben, 35, was found guilty of rape and two counts of sexual assault in April 2019 after he “violated the agreed terms of consent” during sexual intercourse with a prostitute. He was sentenced to 12 years in prison.
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