Rapist jailed after ‘stealthing’

Rapist jailed after ‘stealthing’

A Stirling man has been jailed for rape after he deceived his then-partner into believing he had used a condom while having sex.

Luke Ford, 35, was found guilty of 19 charges involving violence, sexual assault, threats and abuse against women. Of the seven rape charges on which he was convicted, one involved behaviour known as ‘stealthing’.

The case is the “first prosecution in Scotland for ‘stealthing’ defined as not using a protective condom without a partner’s knowledge or consent, which is rape”, the Crown Office said.

Ford deliberately had unprotected intercourse although the victim had only given consent to sex using condoms. Without the woman’s knowledge or agreement, Ford did not use the contraceptive she gave him.

At the High Court in Edinburgh, Ford was given a 21-year extended sentence with 16 years in custody. His name has been added to the sex offenders register indefinitely.

Non-harassment orders were also granted, banning Ford from contacting or attempting to contact the victims. Nine female victims were targeted by Ford over a 12-year campaign of offending that lasted from 2008 to 2020.

One rape victim – who was in a brief relationship with Ford – handed him a condom prior to sex and believed he had used it. He later admitted he had not and instructed that she should take morning-after pills or have an abortion if she became pregnant.

Criminal silk Thomas Ross KC pointed out that people should be careful not to confuse the prosecution with a crime of stealthing, for which there have been calls in recent years despite the fact there is no need for such an offence when it can be prosecuted as rape.

He told Scottish Legal News: “In Scotland there is no specific crime of ’stealthing’ – nor is it ‘defined’ in Scotland as the COPFS statement might suggest; it is is simply a slang term to describe a particular species of the crime of rape.”

Referring to the Sexual Offences (Scotland) Act 2009, he said: “Consent is defined as ‘free agreement’ and section 13 of the Act goes onto specify some circumstances in which conduct takes place without ‘free agreement’, including ‘where B agrees or submits to the conduct because B is mistaken, as a result of deception by A, as to the nature of… the conduct’.”

He added: “Here is seems that B consented to intercourse on the understanding that A would wear a condom throughout the act of intercourse, but A deceived her by removing his condom during intercourse. In short, the deception negatived consent – so the crime of rape was complete.”

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