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A man has been convicted of rape after he had sex without wearing a condom and failed to tell his partner. The 47-year-old's girlfriend thought that they were having protected sex after requesting that he wear a condom, but he went against her wishes.

According to the case, they started to have sex using a condom before the man removed it part way through without telling her. It wasn't until afterwards that his partner discovered what had happened.

Once the woman realised that he had not used a condom, she reported him to the police, leading to the man - who is from France - having to appear in court in Lausanne, Switzerland. He told the court that he had intended to use a condom, but that it had ripped when he was putting it on.

Rather than stopping or telling his partner, he decided to carry on, putting her at risk of STIs and unwanted pregnancy. The woman said that she would not have agreed to have sex if she had known that he wasn't wearing a condom.

The couple met on Tinder and had sex in June 2015, before she reported him to the police for engaging in sexual activity without her consent.

In a landmark ruling, the man was convicted and given a 12-month suspended prison sentence for the offence. He said that he is planning to appeal the decision.

This is the first time that a Swiss court has ruled that having unprotected sex without both partners being aware of the fact is tantamount to rape. Sex must always be entirely consensual, from the act itself to the protection used, especially as unknowingly engaging in intercourse without contraception can result in severe consequences.

The case has conjured up questions surrounding contraception and consent and could lead to others being prosecuted for similar offences.

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