For the first time the BGH detailed to “Stealthing” – English Stealth – uttered. Men pretend that their sex partners are using a condom, but secretly leave it out or remove it. Consensual sex can become a crime.
Case from Düsseldorf lands before BGH in Kalrsruhe
So had one IT-Professional acting: He had pulled a condom out of a wrapper in his bedroom before having sex and pretended to use it. Since the woman had already turned away, she couldn’t see that he hadn’t put it on after all.
For the woman, however, unprotected sex would have been out of the question, she later testified. The Düsseldorf Regional Court had classified the case as a sexual assault – and is right, like the BGH was on Wednesday.
Nevertheless, the judgment of the regional court was overturned
The fact that the woman had unprotected oral sex with the man shortly before the attack is irrelevant. A spokesman for BGH said on Wednesday that a rape conviction was even possible. The regional court had sentenced the information technician and intensive user of online dating portals to three years in prison for several sexual offences.
Nevertheless, the judges of the Federal Court of Justice in Karlsruhe overturned the judgment from Düsseldorf. The reason: a formal error. The regional court failed to give the man a necessary legal notice. Therefore, the case is now going back to the district court in Düsseldorf, where it has to be renegotiated.
