"IF I KNEW THAT HE WASN'T WEARING A CONDOM, I WOULD HAVE REFUSED HIM SEX" - SWISS WOMAN

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In a first of its type, a man has been convicted of rape and sentenced to 12-month jail term by a court in Switzerland.
The 47-year-old Frenchman had had sex without a condom with a sexual partner who believed he was wearing one.

In the landmark decision, the court in Lausanne determined that having sex without a condom if the use of a condom is expected by those involved is considered rape, the news agency, ATS, had reported.

The Frenchman had met his sex partner, a Swiss woman, through the dating app Tinder.

Reports had it that on a second date at the woman’s house, they began to have sex with a condom, but the man later removed it.

The woman said she only realised that he was no longer wearing a condom after the sex was over.

The court judged that if the woman had known that her partner wasn’t wearing a condom, she would have refused sex with him.

Speaking to ATS on Tuesday, the victim’s lawyer said the decision was “a first for Switzerland.”

The court handed the Frenchman a 12-month suspended jail sentence, but the decision can be appealed.

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