October 24, 2020

The Prosecutor’s Office asks a man for 4 years in prison for removing the condom without consent in the middle of a relationship



“I told him that without a condom I didn’t want to have sex and if I didn’t push him I would still have continued.” It is the testimony of a young woman who denounced a man for removing the condom without consent while both had a sexual relationship that had initially been consensual. The Prosecutor’s Office has requested four years in prison for the man for a crime of sexual abuse.

Before the 3rd section of the Barcelona Court, a trial for ‘stealthing’ was held this Wednesday, which means ‘stealthily’ in English and applied to the sexual act means the behavior that a man adopts when removing the condom without his partner giving it account during the relationship. It is a practice contrary to the sexual freedom of which there are very few cases tried in Spain, but that in other countries such as the US, UK or Sweden is equated to a violation.

The events occurred in July 2019 in Calella (Barcelona). The complainant and the accused agree that they agreed to have sex with a condom after attending a music festival together, but they differ from what happened once intercourse began.

In her statement during the investigation phase, which has been reproduced before the court as pre-constituted evidence, the complainant, who lives in the United States, explained that the accused agreed to use a condom but that once the sexual relationship had begun, she discovered that it was I had removed it. “I told him stop, if you don’t have another condom, stop,” said the young woman. However, according to her version, the accused continued with intercourse without a condom, contrary to what was agreed.

“He did not want to stop and I had to push him to leave,” continued the complainant, who insisted, in a statement without contradictions, that the accused “never withdrew when I told him not to continue without a condom.” The young woman left the room, went home and later reported what had happened.

The defendant’s version is that the condom “fell off” because he lost his erection due to the alcohol he had ingested at the party, but that once he had recovered he reintroduced the penis without a condom into the vagina without realizing it. Immediately, she insisted, the complainant did notice and ended the relationship. “I took out my penis and she told me that I had to go find another condom,” explained the man, who has denied that the young woman had to push him to cease sexual intercourse and has framed it at all times within the consent.

The Prosecutor’s Office, which initially requested two years in prison for the accused, has finally raised its request for a sentence to four years for a crime of sexual abuse – not assault by not presenting the facts, violence or intimidation – after hearing the versions of the complainant and accused.

In her final report, the prosecutor has insisted that the victim’s version is “absolutely credible and clear,” while the defendant has been “caught in a resignation” by admitting that he went to look for more condoms in his backpack after That the young woman realized that they were having sex without a condom.

For his part, the defense lawyer has argued that although the young woman gave the defendant a condom before the act began, the complainant “did not verbally state that the relationship had to be with a condom.” She has also considered it “implausible” that the young woman left the hotel accompanied by the accused and has questioned that the young woman did not report the facts to the police officers who passed by by car while leaving the hotel but rather did so the day after at the police station.

This Wednesday’s trial in Barcelona may be the first sentence handed down by a Provincial Court in a case of ‘stealthing’. On two previous occasions, a Salamanca criminal court had convicted a man for this practice in a judgment of conformity, but in another case the Madrid Provincial Court acquitted the accused.

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