(AFP) — A UK court on Thursday jailed a man for removing without consent a condom that he was wearing during sex, in what London’s Metropolitan Police called a “milestone” legal case.
Guy Mukendi, 39, of south London, was sentenced to four years and three months in prison after being convicted in April, the London force said.
He had been arrested in May last year following a report of sexual assault made by a young woman in Brixton, south London.
The Met, as the capital’s police force is known, said the woman had consented to have sex with Mukendi on condition that a condom was used.
But during sex, he removed the condom without the victim’s knowledge.
Non-consensual condom removal — sometimes referred to as “stealthing” — is classified as rape in England and Wales.
The Met said such prosecutions are “very rare” due to under-reporting but that they are dedicated to pursuing “justice” for victims.
“This milestone case comes as the Met continues its pledge to be more suspect-focused in their approach to crimes that disproportionately affect women and girls,” the force said in a statement detailing the prosecution.
Mukendi was found guilty on April 2 at Inner London Crown Court, and was sentenced at the same court on Thursday.
“Throughout this investigation Mukendi denied any wrongdoing — but our officers built a compelling case against him to leave no doubt in the jury’s mind,” said Detective Constable Jack Earl, who led the investigation.
“We were dedicated to securing justice for the victim and will continue to raise awareness that this crime is a form of rape.”
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That is brilliant but normal like in the rape by fraud common law doctrine. Rape through fraud occurs when a man convinces/deceptively a woman that they are legally married but he knows they are not, to have sex with her.
I remember how interesting this case was, in criminal law class.
After this case, a lady brought a case, stating the man lied about his achievements to get her into bed and was looking for the court to adopt this as a form of rape also, through deception, but the court stated no. This would open the flood gates.
Now, this lady consented to sex with a condom, removing the condom should be considered an assault/battery but not a sex crime.
There may be a risk of convicting people erroneously in a consenting act. Or when condoms burst.
These cases are tricky and I am not sure I could easily accept and prosecute such kind of cases.
I cannot see the man being convicted if the condom burst. The condom bursting does not change the sexual act from consensual to non-consensual.
The individual agreed to engage in a sexual activity under the condition that a condom was used; however, the other party intentionally and without consent or knowledge removed the condom. This action constituted non-consensual behaviour and therefore qualified as rape. The subsequent legal sentence was deemed appropriate and proportional to the severity of the offence. The sentencing Judge was probably too lenient. In view, the fiend should have been given a life sentence, as his victim will be traumatised for life.
It’s important to understand that a burst condom, which may happen accidentally, and the intentional removal of a condom without consent are not equivalent to someone knowingly removing a condom without consent. Each scenario carries different levels of intent and responsibility.
I would have no reservations about prosecuting these types of cases.
Now S👀 why they are so much killing going on in the world crazy laws and crazy people I have read of a case where a cleaner at a hotel where a guy used to bring women to have sex take a used condom and extract the sperm and impregnated herself after the baby born she put him in court for child support and won now that’s f****** crazy.
Sad to say that it is seems as though that a man does not have much rights. We are clearly living in a woman’s world.
@Charles Tabor
Referring to the accuser/complainant stating the man took the condoms off or poked a hole in the condoms.
****The mistake the criminal justice system could make in convicting a person erroneously****
Here we go again. This country is always in the news. Time for this government to go!!!!
That happened in the UK not here. What he did was wrong he should’ve gotten more time
Did you read the headline or news report?
@SMH and Bless…Did you read my text? Which country name did I call?
This government needs to go!!!! Always in the news!
Blame the ABLP for this nonsense, they need to go.
The ABLP is totally responsible for what happened to this young man in the UK.
They should all be jailed and put in the same cell as this young man.
Women have rice too, equal rice an just-piss for all women !
Girls power, lock up all the men and prosecute them when you open your legs for them and they ditch the rubber. no wonder the few men a tun gyaal….smh
very soon everybody a tun gyaal to get more rice ! hahaha ! wat a joke !
Here, the lady consented to sexual contact but with certain stipulations pertaining to the touching. The sex occurred, as she agreed too, but the kind of touching was not consented too.
Since sex was agreed to and only the kind of touching is the issue, the crime should not be labeled rape but an assault or battery offense. Not per se a sex crime.
Sex is the unlawful application of sexual contact through force or with a person who cannot consent. Here, the person could consent to sex, did consent to sex and allowed sex to occur. So only the kind of touching is at issue.
In the interest of justice, It should not be labeled rape but a battery or assault.
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