Political Science 3334E Study Guide - Quiz Guide: Supreme Court Of The Netherlands, Tyrant, Condom
7 Nov 2020
School
Department
Course
Professor
Criminalization of Netherlands and England and Wales
• Case comparison:
o N:
▪ only risk-increasing chance of intercourse under risk-
increasing circumstances
▪ Dutch supreme court reluctant to recognize specific
circumstances: does not convict people for having
unprotected sex with other person→ Dutch Supreme Court
2007: chance of infection with anal sex is 2x 1 of 250
▪ court: defendant brought about danger but not a
considerable danger of infection so no dolus eventualis
▪ lie of defendant to victim does not change the risk but only
that he consciously took the risk, multiple intercourses
increase the change of risk not enough for it to be a special
risk-increasing circumstance
o G:
▪ defendant takes consciously the risk that partner is infected
enough to have this in German law
