A man has been sentenced to four years and three months in prison for taking off his condom during sex without consent.
In England and Wales this is classified as rape, though the police say prosecutions for these crimes are rare due to being under-reported.
39-year-old Guy Mukendi of Stockwell Lane, Brixton was today sentenced to spent the next four years and three months behind bars.
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On 9 May, 2023 police responded to a report of sexual assault made by a woman in Brixton, who said she'd consented to have sex with Mukendi on the condition that he wear a condom.
She said that during sex, he'd removed the condom without her knowledge, providing a statement to officers who investigated her report.
She was offered support from the Rape Crisis and Survivors Gateway, and the Met Police were also provided with screenshots of messages from Mukendi in which he apologised for removing the condom during sex.
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In the messages, which the 39-year-old later deleted, he claimed that he did it because he hadn't had sex in a long time.
These screenshotted messages were part of the prosecution's efforts to secure a conviction against the Brixton man.
Detective Constable Jack Earl, who led the investigation, said: "Throughout this investigation Mukendi denied any wrongdoing – but our officers built a compelling case against him to leave no doubt in the jury’s mind.
"We were dedicated to securing justice for the victim and will continue to raise awareness that this crime is a form of rape.
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"The victim did the right thing to call the police straight away and her bravery should not be overshadowed. If you have been a victim of sexual violence and not yet reported it – please contact your local police service and we will do all that we can to help and bring you justice."
The Sexual Offences Act 2003 states that someone did not consent to sex if the other person tricked them about the nature of the sex that would occur.
This is known in law as 'conditional consent'.
While the law doesn't explicitly state that lying about wearing a condom or removing it during sex qualifies as this, Rape Crisis England and Wales notes that in 2019 a man who was caught removing his condom during sex without consent was convicted of rape.
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They also state that doing this is sometimes referred to as 'stealthing', but that the term could be harmful as the word might be used instead of rape, which is what it is.
Rape Crisis England and Wales said they would rather call removing the condom during sex without consent rape, but are alright if rape victims would prefer to use the word 'stealthing' while talking to them as they believe 'victims and survivors should use whatever language they feel most comfortable with'.
Kate Holmes, Head of Sexual Violence Helplines at Survivors Gateway, said: "Survivors of sexual violence in London can contact the Survivor's Gateway on 0808 801 0860 to be connected with support.
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"Our Navigators provide a confidential, non-judgemental space, and can make referrals for counselling as well as practical advocacy support."
The victim has been granted a restraining order against Mukendi for five years.
If you have been affected by any of the issues in this article and wish to speak to someone in confidence, contact the Rape Crisis England and Wales helpline on 0808 500 222, available 24/7. If you are currently in danger or need urgent medical attention, you should call 999.
Joe Harker