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A Rotterdam man who secretly removed a condom he was wearing during sex has been found not guilty of rape and coercion on appeal.
Khaldoun F, 29, is the first Dutchman to stand trial for what Britain calls “stealing,” an offence not specifically defined in Dutch law. Last year, a lower court sentenced him to three months’ probation.
Prosecutors said the case was being tried as rape because the man had performed non-consensual sexual acts on his partner when he removed the condom.
Thursday, Court of Appeal in The Hague It stated that “it was not proven that the defendant surreptitiously removed the condom during consensual vaginal intercourse and therefore the defendant was acquitted.”
The couple met online and the woman said she only consented to sex with a condom, but the court said this could not be proven and the Whatsapp messages between the two did not provide sufficient evidence.
The court did not rule on whether stealth can qualify as rape or coercion under Dutch criminal law.
The victim’s lawyer said the verdict was “painful” but his client could be proud of having taken the matter to court.
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