A German court has sentenced a German woman to six months of liberty for intentionally damaging her partner's condom.
The sentence is suspended. Several international media outlets reported the news.
According to Germany's international public broadcaster DW (Deutsche Welle), the case involved a 39-year-old woman and a 42-year-old man who met online in early 2021; the two had a casual sexual relationship and were apparently so-called "sex partners."
According to local reports, the woman developed strong feelings for the man but knew that he did not want a serious relationship.
The woman then secretly pierced the man's condom bag, which was on her bedside table, and tried to get pregnant, but failed.
However, according to Sky News, a British television news station, the woman later told the man that she might be pregnant and confessed that she had intentionally poked a hole in the condom.
The man then filed criminal charges against the woman.
The prosecutor and the court agreed that what was done in this case was a crime, but they were having trouble identifying what crime to charge her with.
First, they looked to see if the crime constituted rape, and then, after reviewing case law, decided that the act of "Stealthing" could be charged as a crime.
"Stealthing" is the act of removing a condom during sexual intercourse without the consent of the partner.
According to DW, Judge Salewski stated that this rule applies even when the genders are reversed.
The condom was made unusable without the man's knowledge or consent, "he said in his ruling, adding, "Here again, no means no."
Judge Salewski described the ruling as "historic."
