California has become the first state in the U.S. to make removing a condom without consent, also known as “stealthing,” illegal
with women, the practice of removing a condom without a partner’s consent had also been somewhat well-documented, with one 2014 study finding that nearly 10 percent of young men had engaged in some form of condom sabotage, such as poking a hole in a condom or removing it without their partner’s knowledge or consent.
Prior to the California bill, other states such as New York have attempted to pass their own legislation specifically targeting stealthing as a form of sexual violence . Other countries have been more successful. Earlier this year, a New Zealand court successfullya man accused of stealthing during an encounter with a sex worker, sentencing him to three years and nine months in prison; courts in Switzerland, Canada, and Germany have also prosecuted men accused of the act.
Brodsky says she was pleased to see California’s legislation, and does not feel that stealthing should necessarily be criminalized. “ When survivors turn to the criminal legal system, everyone but them gets to make decisions how to the case proceeds. Police have to decide whether to investigate, prosecutors have to decide whether to pursue the case. Survivors don’t get a vote and that can be a really disempowering experience compounding the violation itself,” she says. With civil litigation, “the victim gets to choose.
more public discussion there is around an issue, the more confidently survivors can put a name to their experience and come forward.”
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