A 47-year old French man has been sent to jail by a Swiss court after he was found guilty of having unprotected sex with girlfriend who thought he had worn the contraceptive. The court in Lausanne Switzerland ruled that the act was tantamount to rape.

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The man, whose name isn’t mentioned, claimed that the condom ripped as he was trying to put it on. According to the mirror, the pair met on Tinder and the ordeal took place in June, 2015. The lady says they agreed to use protection but realized that the man had not worn it hence alerted the police. She added that she wouldn’t have consented to it had she known that he had not worn the protective material.

After the ruling, the man said that he’s going to appeal against the 12-month jail term he had been sentenced.