What is Stealthing?

Stealthing is a term used to describe the act of a person secretly and intentionally removing a condom during sexual intercourse without the knowledge or consent of their partner. This practice is a violation of trust and consent, and it can put the partner at risk of unwanted pregnancy, sexually transmitted infections (STIs), and emotional harm. Stealthing is considered a form of sexual assault in many jurisdictions, and it is illegal in several countries. It is important to prioritise communication, consent, and safety in all sexual encounters, and to seek support and resources if you have experienced sexual violence or harm.

Sexual assault and violence can take many forms, including the insidious practice of stealthing. This term refers to the act of removing a condom without the knowledge or consent of one’s sexual partner. While it may seem like a harmless or even erotic act to some, stealthing is a serious violation of trust, consent, and safety that can have lasting physical, emotional, and legal consequences.

First and foremost, stealthing puts the partner at risk of unwanted pregnancy and sexually transmitted infections (STIs). Condoms are an effective barrier method that can prevent the transmission of HIV, chlamydia, gonorrhea, syphilis, and other infections. When a condom is removed without the partner’s knowledge or consent, they may be exposed to these risks without the opportunity to protect themselves. This can lead to unwanted pregnancies, STIs, and other health complications.

Moreover, stealthing can cause emotional harm and trauma to the partner. It can erode trust, intimacy, and communication in the relationship, and it can leave the partner feeling violated, disrespected, and powerless. The partner may experience anxiety, depression, PTSD, and other mental health issues as a result of the assault. They may also face challenges in seeking justice and support, as stealthing is often difficult to prove and may be stigmatised or dismissed by others.

Stealthing is also illegal in many jurisdictions, and it can result in criminal charges and penalties. In some countries, it is considered a form of sexual assault or rape, and it can lead to imprisonment, fines, and other legal consequences. It is important to recognise that stealthing is not a harmless or consensual act, and it is not a normal or acceptable part of sexual behaviour.

While the legal landscape of stealthing is still evolving, there have been instances where people have been prosecuted for this harmful practice. For example, in 2018, a German man was sentenced to one year and nine months in prison for removing his condom during sexual intercourse without his partner’s consent. This case was considered a landmark ruling in Germany, where stealthing was only made illegal in 2016. Similarly, in 2021, a man in New Zealand was found guilty of rape and sentenced to three years and two months in prison for removing his condom without his partner’s knowledge or consent. This case was the first successful prosecution of stealthing in New Zealand, and it has led to calls for law changes in Australia and elsewhere.

Stealthing is a relatively new concept, and its prosecution and legal status vary across different jurisdictions. In some countries, such as the United States, stealthing is not explicitly defined as a crime, although it may fall under existing laws against sexual assault, battery, or fraud. In other countries, such as Sweden, stealthing is explicitly criminalised and can lead to imprisonment and fines.

As of May 2023, the ACT is the only state in Australia that has criminalised stealthing. Under ACT law, it is illegal to remove a condom during sex without the consent of the other party, and it is also illegal to not use a condom at all in circumstances where condom use was previously agreed on.

However, there have been calls for national consistency in criminalising stealthing in Australia, and some states have taken steps to address the issue. For example, Tasmania, New South Wales, and Victoria have recently amended their laws to include the non-consensual removal of a condom during sex as a form of sexual assault. Additionally, a recent report by the Australia Institute called for nationally consistent laws to prevent stealthing.

Although stealthing is not yet criminalised in Queensland, not wearing a condom during sexual practices in a brothel is illegal and anyone perpetrating the act of stealthing in a brothel will be prosecuted.

If you have experienced stealthing or any form of sexual violence, it is important to seek help and support. You can contact a sexual assault hotline, a healthcare provider, a therapist, or a legal advocate for assistance. You can also take steps to protect yourself and your sexual partner by practicing open and honest communication, using condoms and other forms of protection consistently, and respecting each other’s boundaries and consent.

Stealthing is a dangerous and harmful practice that can have serious consequences for both the perpetrator and the partner. It is important to raise awareness about this issue, to promote consent and safety in all sexual encounters, and to support survivors of sexual violence. Together, we can create a culture of respect, dignity, and empowerment for all.

Sources:

CNN. (2018, December 20). ‘Stealthing’ trial: German man sentenced in landmark case. Retrieved from https://www.cnn.com/2018/12/20/health/stealthing-germany-sexual-assault-scli-intl/index.html

The Conversation. (2021, May 4). New Zealand’s first successful ‘stealthing’ prosecution leads the way for law changes in Australia and elsewhere. Retrieved from https://theconversation.com/new-zealands-first-successful-stealthing-prosecution-leads-the-way-for-law-changes-in-australia-and-elsewhere-159323

Healthline. (2021, May 6). What Is Stealthing? 7 Things to Know. Retrieved from https://www.healthline.com/health/what-is-stealthing

The Local Sweden. (2018, June 27). Sweden criminalizes non-consensual condom removal. Retrieved from https://www.thelocal.se/20180627/sweden-criminalises-non-consensual-condom-removal

Elle. (2023, May 3). What are the Stealthing Laws Across Australia? A State by State Guide. Retrieved from https://www.elle.com.au/news/stealthing-australia-laws-27453

ABC News. (2021, October 8). ACT criminalises stealthing, outlawing non-consensual removal of condom during sex. Retrieved from https://www.abc.net.au/news/2021-10-08/act-criminalises-stealthing-in-australia-first/100522564

The Conversation. (2021, October 12). In an Australian first, stealthing is now illegal in the ACT. Could this set a precedent for the country? Retrieved from https://theconversation.com/in-an-australian-first-stealthing-is-now-illegal-in-the-act-could-this-set-a-precedent-for-the-country-169629

The Australia Institute. (2021). Stealthing: Legislating for change. Retrieved from https://australiainstitute.org.au/report/stealthing-legislating-for-change/