The Public Prosecution Service in Dordrecht has demanded a one-year prison sentence against two men in two separate cases because they allegedly removed their condoms during sex. It is also demanded that the men pay immaterial damages to the alleged victims.
As far as is known, these are the first cases in which suspects are tried for this so-called ‘stealthing’. This term for secretly removing the condom is not included in the Dutch Penal Code, but is already punishable in some countries, such as Germany, Switzerland and New Zealand. The OM is prosecuting both men for rape.
The cases are separate from each other and have common ground, but also many differences. Both suspects met the women they had sex with through a dating app. But in one case, the 28-year-old suspect denies that there was any question of unsafe sex, while the 26-year-old suspect in the other case admits this, but denies that there was intent.
For the 28-year-old, 12 months is required with a conditional probationary period of 4 months. He is also required to pay 4,000 euros in non-material damages to the woman with whom he had sex. For the 26-year-old, the requirement is 12 months, 6 of which are conditional. As far as the Public Prosecution is concerned, he must pay 3000 euros to his bed partner. The verdict is on March 14.