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Swiss court convicts man of rape after he removed condom during sex

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File photo: Jean-Pierre Muller/AFP
11:50 CET+01:00
A man has been convicted of rape by a court in Switzerland for having sex without a condom with a sexual partner who believed he was wearing one.
In Monday's 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, reported news agency ATS.
 
The two people involved, a 47-year-old Frenchman and a Swiss woman, met through dating app Tinder. 
 
On a second date at the woman's home they began to have sex with a condom before the man removed it. The woman only realized after it was over. 
 
The court judged that if the woman had known the man 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.
 
The decision can be appealed. 
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