He was sentenced to 2 years in prison for not using a condom without his partner’s permission.

Madrid Provincial Court sentenced a man to two years in prison for having sex without a condom with a woman who required the use of a condom for intimate intercourse. The man convicted of sexual abuse and the woman, who expressed her fear of becoming pregnant or contracting sexually transmitted diseases, met on a dating application and agreed on pre-penetration rules.

In this way, the court sexual freedom Therefore, the man, who did not consent to any unprotected intimate contact, made the decision unilaterally and without her consent.

This is an unprecedented case so far, as there is almost no case law on the subject, and it represents one of the first times that the Spanish justice system has faced a period of so-called “Israel” abroad. secretlyThis can be understood as secretly removing the condom without the knowledge and/or consent of the other party.

This is not a misunderstanding

The defense did not deny that the condom was withdrawn, but said that this was an incident. the fruit of a misunderstanding and not out of bad faith on your client’s part.

But the judges of the Fifteenth Division of the Madrid Provincial Court understand that “there were many indicators that warned him of the possible criminal nature of his conduct.”

In addition to the two-year prison sentence given to him by the Madrid court, the young man must also pay 5 thousand euros in non-pecuniary damages to the victim. There is still the possibility of appealing the decision to the High Court of Justice of Madrid.

Set clear rules before sex

The incidents occurred between June 14 and 15, 2022, and before they even met, both had talked about their previous sexual experiences and concerns about contracting infectious diseases.

Before the penetration, she gave him three rules during the preliminaries: He couldn’t kiss her on the mouth, he had to say “F” instead of “dick” and sex had to be protected. he said yes. Later, when he was in the dark, he would give her room and privacy to put on the condom, but at some point during the penetration she realized he wasn’t wearing a condom.

The woman “was shocked, the defendant immediately apologized and told her that he hadn’t worn any but that it was all a misunderstanding, at which point he immediately ended the sexual intercourse, took a shower and went home,” she explains. trial.

According to the statement of the Regional Court of Madrid, the young woman immediately went to the hospital and was diagnosed with irritability and a tendency to cry, and received treatment in a 24-hour crisis center and a comprehensive center against sexual violence. She is currently receiving psychological treatment in a private institution.

Source: Informacion


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