Government representatives in California introduced a bill Wednesday that would add “stealthing” — the nonconsenual and intentional removal of a condom during sex — to the state’s definition of punishable offenses concerning rape.
The proposed amendment was introduced by Democrat Assemblywomam Cristina Garcia, of the 58th district. The announcement took place at a Planned Parenthood Day of Action Rally in Sacramento on Tuesday.
Under California law AB 1033, rape is defined as penetration, by a body part or a foreign object without consent.
Last month, Yale Law School fellow Alexandra Brodsky highlighted the legal grey area of the “stealthing” phenomenon — despite women (or men) giving consent for intercourse, the deception of removing the condom during sex changes the act to sexual assault.
Ms. Brodsky interviewed women who experienced stealthing, firm in their belief that something wrong happened but unsure how to characterize the violation.
“Nonconsensual condom removal during sexual intercourse exposes victims to physical risks of pregnancy and disease and, interviews make clear, is experienced by many as a grave violation of dignity and autonomy,” Ms. Brodsky, wrote in her research paper “‘Rape-Adjacent’: Imagining Legal Responses to Nonconsensual Condom Removal.”
While Ms. Brodsky outlined a few avenues to legally prosecute, she ultimately recommended a new civil law be introduced to adequately define and punish stealthing.