A Wellington man has been sent to prison in what's believed to be the first conviction for rape after the man removed a condom during sex without the woman's consent.
Jessie Campos, 48, was sentenced to three years and nine months after he "stealthed" a woman in 2018.
In her victim impact statement, the woman said the offending had changed her world view and she now almost never leaves home alone.
Wellington District Court judge Stephen Harrop told the courtroom the man raped the sex worker in a Lower Hutt brothel in late 2018.
Today, the woman said she had to leave the industry because of the offending and even struggles to undress in front of her partner of two years.
In the summary of facts, Harrop told the court Campos was made aware that a condom was legally required during the sexual contact at the start of the one-hour session, and multiple times throughout.
Harrop said Campos questioned this but agreed to proceed with a condom.
They then had consensual sex with protection, but later they had sex again, during which he removed the condom.
The worker saw him do this and she emphasised that he acted inappropriately, wagged her finger and made him put one back on, which he did.
However, he then removed the condom again and ejaculated in her.
Immediately, the judge said she ran to her manager's room and the police were called.
Wellington District Crime Squad manager detective senior sergeant Haley Ryan told the Herald last week it was the country's first known conviction for this type of offending.
The defence argued there was no premeditation and a cultural report on the man, who is from the Philippines, was directly relevant to the sentencing.
Campos has been in the country since 2016.
Harrop disagreed, stating there was an element of premeditation to the case as he was told multiple times a condom was necessary and that sex workers were no less victims than any other survivor.
"I can't proceed on the basis that raping sex workers is any more acceptable [in the Philippines] than it is here," Harrop said.
In sentencing, the judge said the assault had risked the woman's health and caused her pervasive mental harm, which she is still suffering from.
Harrop said Campos sends money to his family back in the Philippines and his employer wrote a letter stating he had been a good worker.
With no prior offending, the judge said the assault was out of character for the man, who would likely be deported once the sentence is complete.
Victoria University of Wellington's Dr Samantha Keene told the Herald a conviction for the non-consensual removal of a condom during sex recognises that consent to sex with someone who is wearing a condom at the time it begins does not mean the consent remains when it is removed.
"Removing a condom during sex exposes the people involved in that activity to health risks, so sexually transmitted infections, HIV and in heterosexual encounters, unintentional pregnancies."
Keene said survivors and offenders might not be aware that non consensually removing a condom during sex could be considered a form of sexual violence.
"A conviction for stealthing recognises the seriousness of this conduct for survivors, so it may encourage others to come forward and report their experiences."
SEXUAL HARM - DO YOU NEED HELP?
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone contact Safe to Talk confidentially:
• Call 0800 044 334
• Text 4334
• Email firstname.lastname@example.org
• For more info or to web chat visit www.safetotalk.nz
Alternatively contact your local police station.