Madrid’s provincial court recently handed down a two-year prison sentence to a man found guilty of sexual abuse after engaging in unprotected intercourse with a woman who required condom use for intimate encounters. The man and woman had met through a dating app and agreed on certain pre-penetration rules as part of their communication about safety and boundaries.
In ruling, the court highlighted that the act violated the woman’s expressed need for protection. The decision clearly shows that the defendant did not consent to any unprotected contact and proceeded with sexual activity without her consent, effectively taking a unilateral action that ignored her safety preferences.
This case is notable for its novelty and the sparse case law surrounding it. It marks one of the first times the Spanish justice system has confronted the issue of deliberate condom removal abroad, a conduct described as clandestine and without the other party’s knowledge or consent.
This is not a misunderstanding
The defense did not dispute that the condom was removed but argued it was a misstep born from a misapprehension, not malice on the defendant’s part.
The Fifteenth Division of Madrid’s Provincial Court, however, found numerous indicators suggesting the conduct could bear criminal implications.
Besides the two-year prison term, the court ordered the defendant to pay 5,000 euros in non-pecuniary damages to the victim. The possibility remains for the decision to be appealed before the High Court of Justice of Madrid.
Set clear rules before sex
The incidents occurred in mid-June 2022. Even before meeting in person, both parties had discussed prior sexual experiences and concerns about infectious diseases.
Before penetration, the woman communicated three explicit rules for the encounter: kissing on the mouth was prohibited, the term used during preliminaries should be substituted with a neutral term, and intercourse had to be conducted with a condom. He agreed to these conditions, and during the act, he was given space to use a condom. At a certain moment, however, she realized the condom had not been used.
The woman described being shocked. The defendant offered an immediate apology, claiming it was a misunderstanding, and then ended the intercourse, showered, and left. This account was presented during the trial, underscoring the importance of mutual consent and clear communication in intimate situations.
According to the Madrid Regional Court’s account, the woman sought medical care right away and was diagnosed with emotional distress and crying spells, receiving support at a 24-hour crisis center and a specialized center for sexual violence. She continues to pursue psychological treatment through a private facility for ongoing care and recovery. (Citation: Madrid Provincial Court)