Stealthing is the non-consensual removal of a condom during sexual activity with a partner. In other words, stealthing is when a partner consents to protected sex using a condom, but the perpetrator removes the barrier protection without the knowledge of their partner. Not only do condoms provide protection from pregnancy, but they also prevent the spread of sexually transmitted infections. Tampering or removing a condom without the permission of your sexual partner unknowingly exposes them to pregnancy and possible infections. Furthermore, deceptive condom removal violates the victim’s agency and autonomy – their consent is no longer valid. The perpetrator has prioritized their own comfort and pleasure over the safety and fertility of their partner. This can impact victims both emotionally and physically.
In 2022, the Supreme Court of Canada unanimously ruled that “stealthing” is a form of sexual assault. According to Justice Sheilah Martin, there is a clear distinction between sex with a condom and sex without. Ross McKenzie Kirkpatrick, a BC man, was the subject of this ruling. The complainant in this case requested Kirkpatrick wear a condom. However, Kirkpatrick did not wear one the second time they had sexual intercourse. While the Supreme Court decision did not find Kirkpatrick guilty of sexual assault, the case itself must now be retried within this context.
In 2021, California law makers put forth a bill that added stealthing to California’s civil definition of sexual battery. While this does not impact the criminal code definition of sexual assault, it does allow victims to pursue their perpetrator for damages civilly.
In 2023, Germany passed their own law regarding stealthing. They deemed it to be a variation of sexual assault as the victim has explicitly consented to protected sex and unknowingly was deceived into unprotected sex. The offense, if found guilty, could warrant a jail term of 6 months to 5 years.
Similarly, in 2018, Sweden passed a new law that would include stealthing in their definition of sexual assault. Due to this, there is no need for prosecutors to prove the presence of violence or vulnerability in cases of sexual assault. Prior to this change, for the offense of “rape” to be proven, violence or threats of violence were the only defining characteristics. Now, the definition has been broadened to include sexual assault by coercion, and now, stealthing.
Sources:
https://www.npr.org/2021/10/07/1040160313/california-stealthing-nonconsensual-condom-removal
https://www.usatoday.com/story/news/politics/2021/09/08/california-lawmakers-move-outlaw-removing-condom-without-permission/5768451001/
https://www.cbc.ca/news/politics/scc-condom-use-case-decision-1.6535127
https://www.bbc.com/news/world-europe-44230786