The couple met on Tinder and apparently had sex on their second date. The man, who is French, put a condom on, but then removed it without his partner's knowledge.
The convicted man claims that the condom tore when he was putting it on. When she learned that he had unprotected sex with her, the woman alerted the police.
The Swiss Criminal Court in Luasanne ruled that the man's actions constituted rape, and sentenced him to a year in prison. The victim's lawyer called the decision a "first for Switzerland." The convicted announced his intent to appeal his conviction.
Other European countries, such as Sweden and the UK, have explicit rules stating that sex under false pretenses, including asserting that one is wearing a condom when one is not, is sexual assault or rape.
One of the most famous relevant cases in recent memory involved sexual assault accusations levied by two Swedish women against WikiLeaks editor-in-chief Julian Assange. One of the women claimed that she consented to sex so long as Assange wore a condom, but that he allegedly removed it prior to ejaculation. Assange has called the accusations a political smear campaign and has claimed political asylum in the Embassy of Ecuador. That investigation is ongoing.
