Law Against Stealthing
As the first US state: California forbids secretly removing condoms during sex
The secret removal of a condom can lead, among other things, to unwanted pregnancies and the transmission of sexually transmitted diseases
© AFP
California was the first US state to explicitly prohibit the secret removal of condoms during sex. So-called stealthing is now considered a sex crime.
California was the first US state to explicitly prohibit the secret removal of condoms during sex. Governor Gavin Newsom signed a law on Thursday (local time) which classifies the deliberate removal of the condom during sexual intercourse without the consent of the partner as a sex crime.
Californian regional representative and author of the law, Cristina Garcia, said the reform made it clear that so-called stealthing is “not just immoral, it is illegal”. Governor Newsom’s office wrote on Twitter that the law “underscores the importance of consent” in sex.
Stealthing: Those affected can sue for compensation
However, the reform does not affect criminal law, but civil law. In future, those affected will be able to sue for damages in court. The secret removal of a condom can lead, among other things, to unwanted pregnancies and the transmission of sexually transmitted diseases.
The topic of stealthing caused a stir in a study published in the USA in 2017. The article stated, among other things, that online forums shared tips on how to remove condoms secretly.
In Germany, the Berlin Court of Appeal decided in August 2020 that secretly removing the condom could be classified as a sexual assault under criminal law. Accordingly, the offense is fulfilled when the perpetrator ejaculates into the victim’s body. It was the first higher court ruling on stealthing in Germany. The proceedings concerned a federal police officer who had secretly stripped off the condom while having sex with a then 20-year-old police chief candidate.