Prosecutors call for 12-month prison sentences in "stealthing" condom removal cases

The Public Prosecution Service (OM) demanded 12 months in prison, some of which suspended, against two men who secretly removed their condoms during sex without informing their partners. The OM considers this “stealthing” as rape. It is a form of forced unsafe sex, the public prosecutor said in the court of Dordrecht on Tuesday.

In the first criminal trial, 28-year-old Khaldoun F. from Rotterdam faced the court. According to the OM, he met his victim through a dating site, and they got together at his home in August 2021. During the date, they had consensual sex on the condition that he used a condom. He initially agreed. But while they were spooning, he sneakily removed the contraceptive. The suspect denies this.

The prosecutor demanded 12 months in prison, four of which conditionally suspended, against him.

The victim’s lawyer read her statement in court. “I’m tired of a lot of men thinking they can do whatever they want,” she said. “More attention must be paid to indicating each other’s boundaries. Victim blaming must be stopped. Stealthing is far too common. Something must be done about this. Perpetrators don’t realize the enormous damage they are causing.”

In the second case, 26-year-old Ruben R. from Rotterdam was in court. He expressed regret for what happened and claimed he had “forgotten” to put on the second condom - which he said he voluntarily asked for after having anal sex - after foreplay. He said he was very impressed by her sex play.

“I am very sorry that this happened to her,” R. said in tears. According to his lawyer, there was no question of sneaky behavior, and R. is not trying to justify his actions.

The OM demanded 12 months in prison, four of which conditionally suspended, and a restraining order against R. According to the lawyer, that is too much. “The demand is high, but it is also a serious violation of standards,” the prosecutor responded.

“The rule of law is embarrassingly behind on women’s rights,” R’s victim said in court.

The prosecutor agreed on that point. “I hope to catch up with these cases.”

Stealthing is not a separate offense in the Penal Code. If rape is not proven, the OM asked that the court convict the suspects of coercion because they forced the victim “to tolerate unprotected sex with him.” The prosecutor said: “It is up to the court to decide whether this is rape or coercion.”

The court in Dordrecht will rule on both cases on March 14.