A man who secretly took a condom off during sex has been jailed for more than four years.
A woman had agreed to have sex with Guy Mukendi, 39, from Brixton in south London, on the condition a condom was used.
The offence, known as “stealthing”, is classified as rape.
Text messages were shown to the jury at Inner London Crown Court in which Mukendi said he had done it because he had not had sex in a long time.
‘Conditional consent’
The court heard how the victim contacted police in May 2023 after she realised what had happened.
Forensic evidence, as well as the text messages, was gathered by officers.
A Met Police spokesperson said the force was “dedicated to securing justice for the victim and will continue to raise awareness that this crime is a form of rape”.
“The victim did the right thing to call the police straight away and her bravery should not be overshadowed,” the said.
“Anyone who is a victim of non-consensual condom removal should report it to the police straight away to give the best chances of capturing evidential opportunities.”
According to the the Sexual Offences Act 2003, someone did not consent to sex if the other person tricked them about the “nature” of the sex, which is what exactly it was going to involve.
This is known in law as ‘”conditional consent”.
Although the Act does not specifically mention lying about putting on a condom or non-consensual condom removal, a man who carried out stealthing was convicted of rape in 2019.
This case confirmed that conditional consent applied in such cases and that it was therefore rape under English and Welsh law.
Mukendi was found guilty of rape on 2 April 2024 and sentenced on Thursday to four years and three months’ imprisonment.
The victim has been granted a restraining order for five years.
