A person has been jailed for 4 years and three months in a uncommon conviction for “stealthing” – taking a condom off throughout intercourse with out consent.
Man Mukendi, 39, from Brixton was sentenced on Thursday at interior London crown court docket for the rape of a lady final 12 months. The girl had consented to intercourse with Mukendi on the situation a condom was used, however he then eliminated it with out her consent.
Nonconsensual condom removing is classed as rape beneath English and Welsh regulation.
Metropolitan cops labored with the sufferer in a “milestone case” to acquire screenshots of messages from Mukendi by which he apologised for taking the condom off, explaining it was as a result of he had not had intercourse in a very long time. He then deleted the messages.
Officers additionally gathered forensic proof with the assistance of the sufferer. The proof helped to safe the conviction of Mukendi, who was discovered responsible by a jury on 2 April.
DC Jack Earl, who led the investigation, stated: “All through this investigation Mukendi denied any wrongdoing, however our officers constructed a compelling case in opposition to him to depart little question within the jury’s thoughts.
“We have been devoted to securing justice for the sufferer and can proceed to boost consciousness that this crime is a type of rape.
“The sufferer did the appropriate factor to name the police right away and her bravery shouldn’t be overshadowed. If in case you have been a sufferer of sexual violence and never but reported it – please contact your native police service and we’ll do all that we are able to to assist and convey you justice.”
The Met stated prosecutions for stealthing have been “very uncommon as a consequence of under-reporting”.
The primary profitable conviction in England and Wales was in 2019 when Lee Hogben, from Bournemouth, was jailed for 12 years for the rape of a intercourse employee. She had given consent beforehand for sexual activity on the situation a condom was used, and this situation was additionally said on her web site.
The primary conviction in Scotland occurred final 12 months when Luke Ford was handed a condom in mattress by a lady whom he was courting and who had instructed him he had to make use of safety. He later instructed her that he had not used the condom. It was certainly one of 18 offences in opposition to ladies that Ford was discovered responsible of.
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The prevalence of stealthing within the UK shouldn’t be identified however a 2018 survey of sufferers at a sexual well being clinic in Melbourne, Australia, discovered that a 3rd of ladies and a fifth of males who had intercourse with males had skilled stealthing. Nevertheless, only one% reported it to the police.
Below the England and Wales Sexual Offences Act 2003, “an individual consents if he [or she] agrees by alternative, and has the liberty and capability to make that alternative” and consent shouldn’t be deemed to have been given if “the defendant deliberately deceived the complainant as to the character or goal of the related act”.
Kate Holmes, the pinnacle of sexual violence helplines at Survivors Gateway, added: “Survivors of sexual violence in London can contact the Survivor’s Gateway on 0808 801 0860 to be linked with help.
“Our navigators present a confidential, non-judgmental area, and may make referrals for counselling in addition to sensible advocacy help.”
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