BERLIN (TND) — A woman in Germany has reportedly been found guilty of sexual assault after she poked holes in her partner's condoms in hopes of becoming pregnant.
According to German media, such as the "Neue Westfälische" newspaper and national paper "Bild," the woman was given a six-month suspended sentence in a case that was a first in German legal history.
The 39-year-old woman, who remains unidentified, was reportedly in a "friends with benefits" relationship with a 42-year-old man after the two met online and began a casual, sexual relationship.
German media reports say the woman developed stronger feelings for her lover, but also knew he didn't wish for a deeper relationship. This apparently led to her plan to poke holes in condoms he kept in his nightstand in hopes he would get her pregnant.
Despite never actually becoming pregnant, the woman told her partner she was, and that she had sabotaged his condoms, according to Neue Westfälische. The man then reportedly pressed charges against the woman.
It was reportedly agreed upon by prosecutors and the court that the woman had indeed committed a crime. Initially, it was uncertain what crime she committed, if any.
Neue Westfälische reports the German court and judge had to research and decide if the woman's crime was a form of rape. Eventually, it was decided the charge against the woman should be sexual assault.
"We have written legal history here today," Judge Astrid Salewski reportedly told the court after reading about "stealthing" and reviewing case law.
Stealthing is typically when a person removes a condom during sex without the consent of their partner, according to LoveIsRespect.org.
"This provision also applies in the reverse case. The condoms were rendered unusable without the man's knowledge or his consent," Salewski reportedly said in her decision. "No means no here as well,"
In some parts of America, stealthing has already been banned. California was the first state to ban "nonconsensual condom removal" in October 2021. It is a civil offense there.
"For a majority of the people, it's like, 'Yeah, it makes sense that this is immoral and it should be illegal,'" state assembly member Cristina Garcia reportedly told NPR. "A lot of people told me, 'I can't believe it's not already illegal.'"
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