A man in Switzerland was convicted of rape for having removed a condom during intercourse without his partner's consent.
The 47-year-old man was given a 12-month suspended prison sentence on Jan. 9 after the Criminal Court in Lausanne, Switzerland, judged that sex without a condom meets the definition of rape if the other participant believed one was being used, according to The Independent.
The man was reportedly from France, and had met the Swiss woman on Tinder. They had sex on their second date. The victim said a condom was used at first, but that the man had taken it off at some point without her knowledge.
The court determined that she would not have agreed to have sex if she knew the condom was going to be removed.
Before the jury the man testified that he meant to wear the condom but that it had broken as he put it on, according to the Daily Mail.
The victim's lawyer indicated that such a conviction was unprecedented, calling it "a first for Switzerland."