By Susan Ampers
- California could be the first state to make the nonconsensual removal of condom during sex illegal.
- This bill was introduced by California Assembly member Cristina Garcia (D) where she stated that the act of removing condom without consent is a sexual battery.
- Taking away condom without permission during sex – also known as “stealthing” would allow a victim to pursue a claim for damages under the state’s civil code.
- This bill known as “Bill AB 453” states that an individual commits sexual battery if that person causes “contact between a penis, from which a condom has been removed, and the intimate part of another, who did not verbally consent to the condom being removed.”
- In addition, Garcia explained that she wanted to make sure that A, victims have a legal course for justice and B, there is something in the books that facilitates this discussion with all people, especially our youth, whether parents, educators or even the public safety system.
- Garcia has run the legal amendment for several years, indicating that “stealthing” is an offense that burdens victims with physical and emotional harm.
- Garcia also said on a press release Monday: “I won’t stop until there is some accountability for those who perpetrate the act.”
- She added that sexual assaults, especially those on women of color, are perpetually swept under the rug and that so much stigma is attached to this issue.
- Garcia concluded: “It’s disgusting that there are online communities that defend and encourage “stealthing” and give advice on how to get away with removing the condom without the consent of their partner, but there is nothing in law that makes it clear that this is a crime.”
- A significant increase on awareness of this issue began when Alexandra Brodsky, who was a Yale University law student, wrote an article published in Columbia Journal of Gender and Law, having studies on nonconsensual removal of condom, stating that it is experienced by many as a grave violation of dignity and autonomy.
Additional Info:
Breitbart: Bill Could Deem Nonconsensual Condom Removal Illegal in California (breitbart.com)
The Washington Post: Removing a condom without consent would be illegal if this California bill passes – The Washington Post
