Stealthing” May be Classified as a Sexual Assault Crime in California
California lawmakers are reportedly seeking to expand the state’s legal definition of sexual assault by changing the felony sexual battery statute to include the act of “stealthing.” Most people have never heard of this behavior, but it a serious concern, leaving men and women in fear of unwanted pregnancy and sexually transmitted infections (STIs).
Stealthing is the practice of intentionally removing or tampering with a condom during sexual intercourse, without consent from the sexual partner. Men who practice this behavior are purposely breaking or removing the condom during sexual intercourse, and not informing their partners until they have penetrated without a condom or ejaculation has occurred. Women who act in this manner most often do so in hopes of becoming impregnated. Though most people have never heard of the term, the practice of stealthing is well known, particularly among the younger generation. There are even websites that encourage the activity and provide men with tips on how to remove or puncture the condom without alerting their partners.
Stealthing as a form of sexual assault
Under the language of the California bill, it will be felony sexual battery “to remove or tamper with a condom or intentionally use, without consent, a condom that has been tampered with during sex.” The bill additionally makes it a felony to lie about being on birth control or any other form of contraception.
The California Code currently defines sexual battery as the touching of an intimate part of another person, against that person’s will, for the specific purpose of sexual arousal, gratification, or abuse. Proponents of stealthing laws assert that the act rises to this level of offense. A recent study published in the Columbia Journal of Gender and Law examined the act of stealthing and its relationship to non-consensual sexual intercourse. According to the report, victims overwhelmingly describe feeling violated, even when the sexual encounter was initially consensual. One participant in the study explained that, though she consented to having sexual intercourse with a condom, she did not consent to having intercourse without one.
The bill was introduced by Assemblywoman Cristina Garcia (D-Bell Gardens) in May. Though the state Senate Public Safety Committee advanced the bill, there are still numerous questions about enforcement of the law. Not only is it potentially a matter of one person’s word versus another, but the victim may also have to disclose information about pregnancy and/or STDs. Some sexual assault victim advocates are concerned that this type of pressure would place undue burden on already vulnerable victims.
The highly personal nature of sexual assault claims can make them very challenging to pursue. The Los Angeles sexual assault attorneys of Taylor & Ring applaud your courage and work hard to provide you with civil justice representation that is honest, compassionate, and aggressive. Call us today at 310.776.6390 to schedule a confidential consultation or compete our contact form.
David Ring is a nationally renowned plaintiff’s personal injury trial attorney and has obtained multi-million dollar verdicts and settlements on behalf of seriously-injured individuals or families who have lost a loved one in a tragic accident. For more than 20 years, he has represented victims of sexual abuse, sexual harassment, assault, molestation and sexual misconduct in cases against a variety of employers and entities, including schools, churches and youth organizations.
He prides himself on providing aggressive, yet compassionate representation for children who have been sexually abused and women who have been sexually harassed or assaulted. Read more about David M. Ring.