Denmark's first stealthing charge: 44-year-old man tried in Glostrup
A 44-year-old man is charged with stealthing following an incident in December 2025. This is the first case of its kind since the ban came into force on 1 July 2025.
Denmark's first stealthing charge sent to Glostrup Court
A 44-year-old man is charged with stealthing after having sexual intercourse with a woman in early December 2025 while she was sleeping, without using a condom – despite it being a requirement on the woman's part. This is according to B.T. on the basis of the charge sheet in the case.
The case is being tried at Glostrup Court and is the first of its kind since stealthing was criminalised in Denmark on 1 July 2025 through section 217 of the Criminal Code. The court has not yet set a date for the trial.
The woman was asleep – condom was a requirement
According to the charge sheet, the man and woman had a brief relationship. The woman's legal representative, Charlotte Møller Larsen, confirms that condom use was a clear requirement from her client's side.
"It was a requirement on my client's part in connection with having sexual intercourse with a man," says Charlotte Møller Larsen.
The case was originally reported as a rape case, but no rape charge has been brought. The lawyer will present a claim for damages on the woman's behalf. According to Møller Larsen, the damages assessment is based on the rules for rape cases involving intercourse without consent – typically 70,000 kroner, although lower in cases where the victim was asleep during the assault.
The penalty frame for stealthing is two years' imprisonment. What the prosecution is demanding in this specific case has not yet been disclosed. Ritzau has attempted unsuccessfully to contact the man's defence counsel.
Ten reports since summer's ban
Stealthing – also called condom fraud – covers situations where a person fails to use a condom or removes it during intercourse, even though the other party has made it a condition. Since criminalisation, police have received ten reports, according to a records release that Ritzau has obtained from the Director of Public Prosecutions up to the beginning of October.
The ban was introduced by a political majority in 2025. Prior to the legislative change, the organisation Everyday Sexism Project Denmark (ESPD) had argued for such a ban for years. The organisation became aware of, among other things, studies from Australia and the USA.
An American online survey of around 2,500 young people between 18 and 25 years old showed that five per cent of the participating men and 18.9 per cent of the participating women had experienced stealthing.
"When we wrote about it on our social media, we received accounts of experiences. And we thought – why should Denmark be so different from other countries?", says Zen Donen, spokesperson for ESPD.
She points out that the consequences for victims can be both mental and physical – including unwanted pregnancy and sexually transmitted infections.
"The victims have some of the same trauma responses as one has with other forms of sexual assault," says Zen Donen.
"There is always a risk when using a condom, because it can break or come off by accident. But it is something completely different when a person deliberately removes it and exposes someone to that risk."
Source: B.T.