Removing the condom during sexual intercourse without the permission of the partner, it will be considered as a crime. The Supreme Court of Canada.

[Preeti161101]

If you remove the condom during sexual intercourse without the permission of the partner, it will be considered as a crime. The Supreme Court of Canada has given a similar decision in a case of sexual harassment. According to media reports, the case dates back to 2017, in which a couple had physical relations during a meeting after making online friendship.

The second time during intercourse, the man removed the condom without telling the woman. When the woman came to know about it, she took medicines to prevent HIV.

The woman then accused the defendant, Ross McKenzie Kirkpatrick, of sexual harassment. However, the trial court judge dismissed the charge, accepting Kirkpatrick's argument that the complainant woman had consented to intercourse without a condom.

The trial court's decision in this case was overturned by the British Columbia Court of Appeals. It ordered a fresh test. Kirkpatrick appealed against this decision in the Supreme Court of the country in November last year. During the hearing of the case, the court observed that the use of condom cannot be irrelevant, secondary or incidental, especially when the complainant has expressly given his consent for its use.

The defendant's counsel said that this new interpretation of the Criminal Code would significantly change the rules for sexual consent, making it more like a contract that could be signed in advance. In the report regarding this matter, it has been said that the courts of Britain and Switzerland have convicted people of the crime of removing condoms during sexual intercourse.

DO YOU AGREE 👍?

[Twalli]

It's valid. If air agree to have sex with someone with a STD without being aware they have it, I don't agree to get the STD. Therefore if they knowingly give it to me, it's assault. When my sister got HPV, she told everyone who she may have given it to immediately after finding out. She also told all guys she would have sex with before having sex with them. If they chose raw it was essentially agreeing to the possibility of getting it.

[MrOracle]

HPV can be spread by skin-to-skin contact - including parts not covered by a condom. It's not like other STDs that require the exchange of bodily fluids.

[KrakenAttackin]

@MrOracle I think a judge and two witnesses should be required to be present everytime two people have sex.

[KatherineJ]

If she chose to have sex with him with the stipulation that he wear a condom, then he took it off without her knowing, then that falls under rape in my opinion. She didn’t consent to sex without a condom.

[Sirenboobzilla]

I agree 100%

[Boromir]

If you agree upon having sex with a condom the whole deal becomes 'void' once you remove the condom w/o consent. To me that amounts to rape. It's not going to be proven very easily w/o the attacking side admitting to it, as it's still two people together without witnesses. I think it's evil. You're exposing the other person (and yourself) to the risk of an STD or an unwanted / unplanned pregnancy. People that don't take these risks serious are in my opinion just animals. We put some animals in cages because they're dangerous when free ranging.

[CrazyGirl2]

Good! I HOPE that it’s already illegal here in the State’s, and if not, they need to get a move on and catch-up! If I consent to have sex with you as long as you wear a condom, and you either secretly remove it, or deliberately break it… THAT’s RAPE!

When we consent to sex, we don’t JUST consent to you putting your penis inside our bodies. We consent to the type of sex. Nobody would deny that if I consent to vaginal sex with you, and you actually penetrate my ass, you are committing sexual battery! How is this any different?

[Aerissa_Jade]

Makes sense to me, to be fair it should be that way. If I consent to it on that condition, and they remove that condition then consent is also withdrawn.

It may make guys not want to wear condoms just to avoid it, which is fine... no condom, no consent so it will limit their choices to only people that are okay with that. That's fine by me too.

Never understood why guys think they can slip it off or pull it back real hard to break it while going at it.

Giving someone an STD to, should be a crime in my opinion.

This of course is going to become one of those (like a million other crimes) that is word against word, so whoever is the most credible is believed.

Unless you both agree to setup camera's to record it all, just to be safe... I'd go that route personally.

[Ukrainianbuddafly]

I absolutely agree. Putting someone at risk like that isn't funny or cool. If a charge isn't enough to prevent it then they need to understand some people take their life very seriously and will really hurt or kill over that. I remember a guy pulled that crap with me one time and tried to taunt me when I reemed him out. He said don't worry if you get pregnant there's stuff for that so I told him (a lie) that I was concerned because I had herpes but "that's ok there's stuff for that". His response really was priceless

[dustybiker]

100% agree. People who can’t respect others consent fully shouldn’t be having sex.

[Dazed0N0Confused]

Absolutely agree with making it illegal & a criminal offense to take off the condom during sex without permission!

[BlueScorpio]

You don't rcheck to make sure he still has one? You check before you have sex and after you have sex and make sure it didn't break or have cuts or any type of damage in the condom. We really need to start pushing abstinence within our society again to avoid situations like this, all the unwanted stds and pregnancies wouldn't be a problem if we really stressed the importance of waiting.

[USLegionary]

Agree. But I also think a woman who lies about being on contraception should face the same punishment as a man who "stealths"

[slatyb]

I agree with the court. If sex isn't consensual, it's rape. Consent to have sex with a condom is not consent to have sex without a condom.

[RealMarek]

Sure, it should be a crime. So should lying about being on birth control in order to get pregnant without a man’s consent. But in most cases, how does one prove either without reducing the standard of evidence? What will happen in this case is the standard of evidence will be reduced in favor of the accusing women.

[RiseofArtemis]

Its retarded. They shouldn't push into the life of people and the more they do the worse it gets. A balloon can only take so much air before it bursts. You will have a total control state this way and even thought crimes will come.

[ElementoP]

I wouldn't call it a crime, just a dick move. Now if she says not to put it back in and you do it anyway, that's already a crime and it's called rape

[anon1903]

Yes, unless he's... Well there's no unless in this scenerio. No glove no love.

[Princess_Sasha]

This is called Stealthing and should be 100% against the law…

[FilmGuy93]

I've always thought the idea of stealthing was pretty foul, so I like that Canada has formally made it illegal.

[bayoubob]

How in the hell would a woman prove this? Obviously, it's a dbag move on the man's part. But did the woman have her bed room is set up like a porn set? Probably not. Another question for another day. Can anyone record and film everything that goes on with out the other one knowing about it?

[Kabluie]

I always agreed with that, because someone gives consent for the type of sex they want, and it given knowing it was protected sex.

[ArtemisSilver]

Removing a condom during intercourse is definitely an act requiring consent.

[freewife]

It shows a basic lack of respect to do this to a women, it's nasty, especially as it's only to get your rocks off or feel some power trip. Sure it's better without but it MUST be agreed. That protection request must be honoured by guys. It really shouldn't need to be a law but sadly it may be necessary to make some of these arseholes think twice at least. Enforcement and litigation around this will of course be a nightmare with only the lawyers winning as usual. A law to ensure boys are taught in school how to treat women equitably would help more I suspect, but the religious crowd will go nuts over that no doubt.

[Grond21]

Legally it's a tricky issue, but morally I would say that it does make sense for it to be wrong to remove the condom without permission. Or to provide a condom with holes in it. Or to save the condom without permission.