Man Jailed for Over Four Years for Condom Removal During Sex

A 39-year-old man from Brixton, south London, has been sentenced to more than four years in prison for secretly removing a condom during sex, an act known as "stealthing." Guy Mukendi was convicted of rape after a woman agreed to have sex with him on the condition that he used a condom, but he removed it without her knowledge or consent.

Conditional Consent and Legal Implications

The jury at Inner London Crown Court was presented with text messages where Mukendi admitted to the act, stating he did it because he had not had sex in a long time. The case revolved around the concept of "conditional consent," a legal principle that defines consent as invalid if the conditions agreed upon are not adhered to. The Sexual Offences Act 2003 supports this, stating that a person does not consent if they are deceived about the nature of the act.

Victim’s Response and Police Involvement

The victim reported the incident to the police in May 2023 after realizing what had occurred. Forensic evidence and the incriminating text messages were pivotal in securing Mukendi's conviction. A Metropolitan Police spokesperson emphasized the importance of victims reporting such incidents immediately to preserve evidence and ensure justice.

Legal Precedent and Sentencing

Although the Sexual Offences Act does not explicitly mention non-consensual condom removal, a 2019 conviction established that such acts fall under the category of rape due to the violation of conditional consent. Mukendi’s case reaffirmed this interpretation of the law. He was found guilty of rape on April 2, 2024, and received a sentence of four years and three months. Additionally, the victim has been granted a restraining order for five years to ensure her safety.

Police Encouragement for Reporting

The Metropolitan Police commended the victim’s bravery in coming forward and encouraged others who experience non-consensual condom removal to report it promptly. The force reiterated its commitment to securing justice for victims and raising awareness about the seriousness of stealthing as a form of rape.