display
Schleswig (dpa) - If a man secretly removes the condom during sexual intercourse, although the woman has expressly only consented to the act with a condom, this constitutes a sexual assault - this is the conclusion of the Schleswig-Holstein Higher Regional Court (OLG).
The judges of the Second Criminal Senate overturned an acquittal by the Kiel District Court on a case of so-called stealthing (from "stealth" = cunning) on Friday.
The Kiel district court acquitted the man in November 2020.
According to an OLG spokesman, another department of the Kiel district court has to deal with the case again.
The man had been accused of removing the condom during a break in intercourse - unnoticed by the victim - and continuing intercourse unprotected.
According to the court, the victim had previously pointed out to the accused several times that she only wanted sexual intercourse with a condom.
The district court did not consider the man's behavior to be criminal and acquitted the accused.
On the other hand, the public prosecutor and the co-plaintiff had requested an appeal.
display
The judges of the OLG, however, came to a different conclusion on Friday.
If a victim declares before sexual intercourse that he / she only agrees to it with a condom, the unprotected penetration could be punishable as sexual assault even if the victim does not notice the lack of the condom during sexual intercourse, said an OLG spokesman.
© dpa-infocom, dpa: 210319-99-888604 / 2