California has become the first state in the United States to practice “stealthing,” or removing a condom without the consent of the other person during intercourse. New provisions were introduced to the Civil Code. Thus, it became possible to sue for “stealthing” and claim damages.
Last week, California Governor Gavin Newsom signed a cross-party law prohibiting the removal of a condom without the consent of the other person during intercourse.
The new rules add this civil code behavior, making California the first state in which it is illegal to dispose of a condom without explicit permission from the other person during intercourse.
The new law will make it easier for victims to assert their rights
– We wanted to make sure that (“stealthing” – ed.) Is not only immoral, but also illegal, says the MP Cristina Garcia, the initiator of the law.
Garcia wanted a clause prohibiting such behavior to be included in the California Penal Code as well, but it did not. “We wanted to make sure that this type of behavior was not only immoral, but also illegal,” Garcia said.
Lawyers say that removing a condom without consent during intercourse could be considered sexual violence, although it is not explicitly mentioned in the Penal Code and no criminal charges can be made for it. Nevertheless, the new law removes doubts on civil grounds, which, according to experts, will make it easier for people who have experienced “stealth” to assert their rights.
A “depressingly common” experience
According to the commission that assessed Garcia’s bill, research shows that secretly removing a condom during sex is “depressingly common.”
A 2019 article in the National Library of Medicine found that 12 percent of women between the ages of 21 and 30 reported having experienced “stealthing”. In the same year, researchers at Monash University in Australia found that one in three women and one in five men who had sex with men had experienced such practices.
Main photo source: Shutterstock