A man has been jailed for four years and three months in a rare conviction for “stealthing” – taking a condom off during sex without consent.
Guy Mukendi, 39, from Brixton, was sentenced on Thursday last week at inner London crown court for the rape of a woman last year.
The woman had consented to sex with Mukendi on the condition a condom was used, but he removed it without her consent.
Nonconsensual condom removal is classified as rape under separate laws applying in the UK nations.
Metropolitan police officers worked with the victim in a “milestone case” to obtain screenshots of messages from Mukendi in which he apologised for taking the condom off, explaining it was because he had not had sex in a long time. He then deleted the messages.
Officers also gathered forensic evidence with the help of the victim. The evidence helped to secure the conviction of Mukendi, who was found guilty by a jury on 2 April.
DC Jack Earl, who led the investigation, said:“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.
“We were dedicated to securing justice for the victim and will continue to raise awareness that this crime is a form of rape.
The victim did the right thing to call the police straight away and her bravery should not be overshadowed.
If you have been a victim of sexual violence and not yet reported it, please contact your local police service and we will do all that we can to help and bring you justice.”
The Met said prosecutions for stealthing were “very rare due to under-reporting”.
The first successful conviction in England and Wales was in 2019 when Lee Hogben, from Bournemouth, was jailed for 12 years for the rape of a sex worker.
She had given consent beforehand for sexual intercourse on the condition a condom was used, and this condition was also stated on her website.
The first conviction in Scotland occurred last year when Luke Ford was handed a condom in bed by a woman whom he was dating and who had told him he had to use protection. He later told her that he had not used the condom. It was one of 18 offences against women for which Ford was found guilty.
The prevalence of stealthing in the UK is not known but a 2018 survey of patients at a sexual health clinic in Melbourne, Australia, found that a third of women and a fifth of men who had sex with men had experienced stealthing. Only 1% had reported it to the police.
Under the England and Wales Sexual Offences Act 2003, “a person consents if he [or she] agrees by choice, and has the freedom and capacity to make that choice” and consent is not deemed to have been given if “the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act”.
Story By The Guardian
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