A 40-year-old man from Rotterdam has been sentenced to three months in prison for having unprotected sex with a woman who had repeatedly asked him to use a condom, the AD reported on Friday.

The case is the first in the Netherlands to result in a conviction for stealthing under the country’s updated sexual offences law, which came into force in 2024, the paper said.

The man, identified as N C, was convicted of penetrating the woman against her will without protection, even though she had clearly stated she only consented to sex with a condom.  Under the new law, prosecutors no longer have to prove that such acts involved coercion and it is enough to show they happened against the victim’s will.

The two had met on a dating app and gone on several dates before becoming intimate for the first time at the woman’s home in Schiedam, following a picnic in Rotterdam’s Kralingse Bos.

The woman told the court that she asked N C before entering the bedroom whether he had condoms with him, and repeated this in bed. He failed to stop and used no protection. N C claimed she only raised the issue during sex, when she grabbed his shoulder and said she did not want to risk pregnancy, at which point he said he stopped and withdrew.

The court said it found the woman’s version more credible and was supported by evidence including her emotional phone call to a friend on the same evening and a detailed WhatsApp message she later sent N C.

The court ruled that N C was “guided solely by his own needs, disregarded the limits set by the complainant, and showed no concern about the consequences for her. He made a serious violation of her right to determine which sexual acts she engages in.”

The judge ordered him to pay the victim more than €4,000 in compensation.

Neither person was in court to hear the verdict and N C has two weeks to appeal. The ruling itself has not yet been published.