Netherlands sees first sex 'stealthing' conviction

Man who secretly removed condom during sex becomes the first to be convicted for ‘stealthing’ in the Netherlands

  • Khaldoun F was handed a three-month suspended jail sentence for the crime
  • Law and precedent has emerged in Europe and North America in recent years 

A 28-year-old man has become the first convicted in the Netherlands for secretly removing a condom during sex.

Khaldoun F., who has not been fully named, was handed a suspended jail sentence for the crime of stealthing – but was cleared of rape.  

He pleaded guilty to coercion at Rotterdam court after removing his condom without warning, despite the woman he was with saying in advance that she did not want to have sex without it.

The court warned the Khaldoun had ‘exposed her to contracting sexually transmitted diseases and an unwanted pregnancy.’

The Court of Rotterdam ruled different ways for a man who had intentionally removed a condom before having sex and another who claimed he had ‘forgotten’ to put one on 

The Syrian-born suspect sent the victim texts afterward including one that said, ‘you will be fine’.

READ MORE: Sexual practice of ‘stealthing’ could now result in an offender going to prison for LIFE in one Australian state


But judges ruled it was not rape as there was ‘agreement between the suspect and the complainant about the sexual penetration’, and the coercion only related to the failure to use a condom.

The law in The Netherlands does not cover penetration without a condom where consent had already been given for the penetration itself. 

Khaldoun was sentenced to a three-month suspended prison sentence and a 1,000 euro (£883) fine.

In a separate case, judges cleared a 25-year-old man after finding that he had not removed a condom at any time, but had instead failed to put one on in the heat of the moment.

Ruben R. from Rotterdam said he voluntarily asked [his partner] for a condom but ‘forgot’ to put it on.

The court acquitted him, saying it could not be proven that he had deliberately not used a condom after saying he would.

The court was able to show intent in the first case from the WhatsApp conversations between him and his partner. 

Dutch law has no specific offence against “stealthing” but these were the first rulings on the practice, public broadcaster NOS said, adding that there had been similar rulings in countries including Germany, Switzerland and New Zealand.

The US state of California also made the practice illegal in 2021.

In England and Wales, case law precedent has established that non consensual condom removal is rape. 

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