Unusual process

Condom not used twice: Man charged

One condom, but sex twice. This was the undoing of a man from Lower Austria.

(Bild: thinkstockphotos.de)

A one-night stand with an Irish vacationer had legal repercussions for a 32-year-old man in Vienna. The second time they had sex on the night of March 9th resulted in unprotected sexual intercourse, although the 24-year-old had not consented to it. However, the fact that he only had a condom with him was discussed on the way home.

An Irish woman meets a 32-year-old man from Lower Austria at a rock concert on her first day of vacation in Vienna. It quickly becomes clear that the encounter will end in a one-night stand.

"Can I spend the night at your place?" asked the employee as his friends started their journey home. "Yes, but sex only with a condom," the new acquaintance is said to have replied. Because they only had one ready, they actually wanted to go and get some more that night. But due to the excitement, they forgot to do so.

I'm 100 percent sure that she noticed that I hadn't put on a condom. We carried on making out.

Der Angeklagte im Wiener Landesgericht.

Adventure ended in front of a criminal court
Things quickly got down to business in the Irish woman's apartment. With just the one condom available, which the Lower Austrian took off and tied after the climax.

"I'm 100 percent sure that she noticed that I hadn't put one on afterwards. We continued to fumble around," says the man for whom the adventure ended in front of the criminal court in Vienna on Wednesday - charged with violation of sexual self-determination and threatened with a prison sentence of up to two years. And that's because there was renewed sexual intercourse. Without a condom. 

Lawyer Ernst Schillhammer successfully defended the accused Lower Austrian.

(Bild: zVg)

"Only protected sex was agreed. When I checked with my hand, I noticed that he no longer had a condom," said the alleged victim, who had traveled to Vienna again especially for the testimony. Whether she assumed that he had put on his used condom again is not entirely clear in the woman's interview.

In any case, she said "stop" and grabbed the pepper spray. The 24-year-old confronted her neo-lover with the fact that there was no protection: "That was not what I had agreed to", she demanded the man's name, address and telephone number. Because she wanted to be reimbursed for the costs of any tests for sexually transmitted diseases, the woman filed a complaint - which resulted in the criminal complaint.

That was not what I had agreed to.

Die Irin als Zeugin im Prozess.

Victim speaks of unnoticed stripping
During the trial, the accounts of the sex partners differ. While he says that it must have been clear to her that there was no possibility of contraception the second time, she sees herself as a victim of stealthing - the unnoticed removal of the condom during consensual sexual intercourse.

"Inaccuracies run through these proceedings," summarizes Ernst Schillhammer, who is defending the 32-year-old. The woman is convinced of her version, but: "This is countered by my client's testimony, which is at least as credible." In any case, there was no intent.

Judge Philipp Krasa agrees. In the unusual trial about a condom that was not used twice, the verdict was a "clean acquittal", not legally binding.