The chamber court in Berlin has confirmed the conviction of a man because of a sexual Assault that arose during the sexual intercourse secretly, the condom is stripped off and in his sexual partner had ejaculated. As a result, the man had made a sexual act against the recognizable will of the woman, told the court in a press release (Az.: 4 – 58/20). Accordingly, it is the first higher court decision on the so-called “Stealthing”.
In the specific case, it was at a Meeting a today, 38-year-old Federal police officer in November of 2017 with a then-20-year-old police trainee came first to consensual sexual acts. Because the woman had clearly expressed that she wanted to have unprotected intercourse, should have moved the man to first a condom on. In the case of a change of position, he should have it stripped, however secretly, and then into her Vagina ejaculates.
trial by jury in the district court of Tiergarten ordered the Federal police a year later because of sexual Assault to a suspended sentence of eight months, as well as for Pain and suffering and compensation payment in the amount of nearly 3100 Euro. The defendant then went initially only against the legal consequences of an appeal, after which the suspended sentence was reduced by the land court of Berlin behind months. Against this decision he appealed but the court of Revision to Be in the first instance, the stated behavior is not punishable.
The judge at the court of appeal confirmed the decision of the district court. The Paragraph177 of the criminal code is not proof that a sexual partner “and decide only about that [can], whether or not intercourse will take place, but also about the conditions under which he is a sexual act in agreement”. The condom was not only for protection against unwanted pregnancies and diseases, but also on the level of sexual self-determination. Through the surreptitious Stripping of the condom, the woman from your sexual partner should also “be aware of a mere object foreign to certain sexual activity down and for his personal sexual satisfaction have been used”. In this case, the “Stealthing” had also a humiliation and exploitation dimension.
