California is the first U.S. state to ban the practice of “stealth” – the practice of removing condoms during sex without a partner’s consent.
It’s official: in California it is illegal to remove condoms without consent
The new measure, which becomes law after Governor Gavin Newsom’s signature, adds it to the list of sexual harassment, allowing victims to pursue those who do it for civil damages.
It’s a victory for Democratic Rep. Cristina Garcia, who has been working on the issue since 2017.
Garcia, in fact, had sought to criminalize ‘stealthing’ after a Yale study showed an increase in the practice against both women and homosexuals.
At the time, it was believed that it could already be considered part of sexual abuse, despite being under-prosecuted, given the difficulty of proving whether the wrongdoer had done it voluntarily or not.
The bill was also supported by the Sex Worker Legal Education Research Project because it would allow sex workers to report clients for removing condoms.
Garcia herself commented on the passage of the provision saying, “This law is the first of its kind in the nation, I encourage other states to follow California’s lead and make it clear that stealthing is not only immoral, but illegal.”
Newsom also passed a second Garcia bill, this time on rape within married couples: today in California it makes no difference whether or not the victim is married to her attacker.
“A rape is a rape, Garcia reiterated, and a marriage certificate is not an excuse to commit one of the most violent and sadistic crimes in society.”
