The Public Prosecution Service is appealing in the criminal case of Khaldoun F., who was sentenced this month for coercion because he deliberately removed his condom during sex without his sex partner knowing. This is according to a Friday published press release. The Public Prosecution Service does not agree with the judge’s opinion that there was no rape, and also thinks the suspended prison sentence of three months is too low.
According to the court, it has been proven that F. deliberately took off the condom. But rape is defined in law as “acts consisting of or including sexual penetration of the body,” and penetration was consensual. That consent expired when the man secretly took off the condom, according to the OM.
F.’s case is one of two trial cases with which the judiciary wants to punish ‘stealthing’, as the secret act is called. In another case, the suspect was acquitted because it had not been proven that the suspect had deliberately removed the condom. “It was a weaker case,” admits a spokesperson for the Public Prosecution Service. He still finds the acquittal “extremely painful for the woman concerned”.
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