In a historic trial on Tuesday, February 28, the Dutch Public Prosecution Service (OM) argued that stealthing - the act of secretly removing a condom during sex - is a form of rape. The OM is calling for 12-month sentences for defendants in two separate cases. 

Stealthing not a criminal offence in the Netherlands

While stealthing is classified as a criminal offence in countries like Germany, Switzerland and New Zealand, it is not considered a separate offence according to the Dutch Criminal Code. The cases currently being heard in court in Dordrecht mark the first time suspects in the Netherlands have been tried for stealthing. 

The two defendants - 28-year-old Khaldoun K and 26-year-old Ruben R, both from Rotterdam - are on trial for secretly removing or “forgetting” to wear a condom during sex, without the knowledge of their female partners. The OM is prosecuting both men for rape.

Currently, Dutch law defines rape as the "threat of violence or another fact that compels someone to undergo acts that consist of or partly consist of the sexual penetration of the body." The OM would like this definition to also include the act of stealthing.

Two Dutch men on trial in Dordrecht for stealthing

In the first case, the victim’s report explains how she agreed to consensual sex with Khaldoun K, provided he wore protection. While Khaldoun K reportedly initially agreed to do so, the victim says he removed it during sex, without her knowledge or permission. According to Khaldoun K’s lawyer, the defendant denies that he removed the condom. 

In the second case, Ruben R explained that, although he had been the one to request a condom ahead of anal sex, he had “forgotten” to put one "in the heat of the moment". Ruben R expressed regret for his actions, while his legal representatives argued that the defendant hadn’t intended to deceive his partner.

OM demands compensation for victims and one-year sentence

In both cases, the prosecution is calling for a 12-month prison sentence, with a six-month suspended sentence for Khaldoun K and a four-month suspended sentence for Ruben R. According to the OM, both men forced their partners “to tolerate unprotected sex.” 

The victim in Khaldoun K’s case is demanding compensation of 4.000 euros for immaterial damage. "I'm tired of a lot of men thinking they can do anything," she said in her statement, read aloud in court by her lawyer. “Stealthing is far too common. Something must be done about this. Perpetrators do not realise the enormous damage they are causing." The OM is also calling for Ruben R to pay 3.000 euros in compensation to his partner. 

Talking to NPO 1, Jeroen ten Voorde, a professor of criminal law at the university in Leiden, said that both cases could very well lead to a conviction, but noted that the judge may have to "look for a certain amount of creativity." The court in Dordrecht is due to deliver its ruling in both cases on March 14.

Thumb: fongbeerredhot via Shutterstock.com.