In a landmark ruling, the Czech Constitutional Court has decided that removing a condom without the consent of a partner, followed by sexual intercourse, can be considered as rape. This ruling was issued last week in a case involving Dominik Feri, who was alleged to have committed such an act. Legal and non-profit sector experts agree that such behavior can be considered rape under current legal provisions.
In a situation where a person initially consents to protected sex, but their partner subsequently removes the condom without their consent and proceeds to have sex, it is rape,” according to the questions and answers provided by the Constitutional Court regarding its ruling. The court overturned the resolution of the police and the public prosecutor’s office, which had described the perpetrator’s behavior in this case as sexually predatory rather than a criminal offense.
The Constitutional Court argues that consent must always relate to the specific practice in question. It is about whether there is a significant shift between protected and unprotected intercourse. “Personally, I believe that there is a shift,” said constitutional lawyer Ondřej Preuss from the Faculty of Law of Charles University.
From the beginning of next year, a new legal definition of rape will apply. The concept of “forcibly enforced sexual intercourse” will change to “non-consensual intercourse.” However, according to Preuss, even under current legal regulations, removing a condom without consent and subsequent intercourse can be considered rape.
Klára Kadár from the non-governmental organization Konsent welcomes the decision of the Constitutional Court. Removing a condom without the knowledge and consent of a partner, also known as “stealing,” is a matter of power, according to her. It is another step in which the perpetrator shows that he has power over the victim and does not have to take her opinion into account,” Kadár stated.