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In Switzerland on Monday, a man was convicted of rape for taking off his condom during sex without his partner’s consent. The Criminal Court in Lausanne ruled that the woman would have refused to have sex with him had she known he would remove the condom.
This is a landmark decision, not only for Switzerland but much of the world, since rape convictions are rare and consent is often a woman’s burden to prove.
The U.K., however, does already have a law that addresses “conditional consent” under its Sexual Offences Act, as Broadly points out. In 2012, the U.K.’s Supreme Court ruled Julian Assange be extradited to Sweden to face questioning over the allegations that he tampered with and removed condoms, since such acts constitute rape under the act.
Jessica Machado is the IRL editor of the Daily Dot. Previously, she was an associate editor at Rolling Stone. Her work has been published in the Washington Post, Elle, Vice, Salon, BuzzFeed, Guernica, Bitch, Bust, the Cut, the Awl, the Toast, among others.