California becomes the first state to prohibit “stealthing,” or removing a condom without permission during intercourse, after Gov. Gavin Newsom signed a bill into law.
SACRAMENTO, Calif. -- California became the first state to prohibit “stealthing,” or removing a condom without permission during intercourse, after Gov. Gavin Newsom signed a bill into law Thursday.
Legislative analysts said then that it could already be considered misdemeanor sexual battery, though it is rarely prosecuted given the difficulty in proving that a perpetrator acted intentionally instead of accidently. Newsom also approved a second Garcia bill, this one treating the rape of a spouse the same as the rape of a non-spouse, removing an exemption to the rape law if the victim is married to the perpetrator.
The exemption dates to an era when women were expected to obey their husbands. California had been one of 11 states to distinguish between spousal rape and other forms ofThere is no difference in the maximum penalties, but those convicted of spousal rape currently can be eligible for probation instead of prison or jail. They must register as sex offenders under current law only if the act involved the use of force or violence and the spouse was sentenced to state prison.
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