The woman, 39, was in a “friends with benefits” relationship with the man when she deliberately damaged the condoms without his knowledge.
The case made legal history, according to the judge, because the crime known as “stealthing” – where a man secretly removes the contraceptive during sex – was in this instance committed by a woman.
She was given a six-month suspended sentence. The pair met online at the beginning of 2021 and began a casual, sexual relationship.
She developed deeper feelings for her partner, 42, but knew he did not want to be in a committed relationship, according to the Bild newspaper.
The woman secretly poked holes in the packet of condoms in the hope of getting pregnant, but was said to be unsuccessful.
Despite this, she later sent the man a WhatsApp message saying she believed she was pregnant – and told him what she had done.
He subsequently brought a complaint against her. Although prosecutors and the court agreed a crime had been committed, there was initial uncertainty over what she should be charged with.
“We have written legal history here today,” Judge Astrid Salewski told the regional court in the western city of Bielefeld.
After first investigating whether the crime constituted rape, she decided a charge of sexual assault was appropriate after reading about the crime of stealthing while reviewing case law.
The judge said in her decision: “This provision also applies in the reverse case.
“The condoms were rendered unusable without the man’s knowledge or his consent.”
She added: “No means no here as well.”
Source: Sky News
