California is on its way to become the first state in the United States to make it illegal to stealthily remove a condom during sexual intercourse without consent.
According to a report by The Washington Post, Democratic Assembly member Cristina Garcia on Monday introduced legislation that would include the act of "stealthing" in the state civil code. It would be recognised as sexual battery if the law is passed.
If passed, the act of nonconsensual condom removal would be deemed illegal by the law AB 453 in the state of California and the victim would be able to seek damages. There will, however, be no jail time for this.
The bill seeks to amend the definition of sexual battery in the state civil code. If passed, it would include a person who facilitates contact between a penis from which the condom has been removed and another person who did not consent to the condom being removed.
Garcia told the media that she has been fighting to make stealthing illegal since 2017 and that she won't stop till it becomes a law. She also spoke about numerous platforms online that encourage the act and even offer advice on how to remove the condom without one's partner finding out about it.
Stealthing as a concept has existed for ages. However, it was brought into the spotlight after an article was published in 2017 in the Columbia Journal of Gender and Law by Alexandra Brodsky. The article explored the legal and ethical concerns about stealthing.
There is very little data and statistics on stealthing. But as an article by CNN points out, it is no less serious than sexual assault. And for many survivors, it is sexual assault.
Is stealthing illegal in India?
Professor Mrinal Satish, who played a crucial role in shaping the rape laws in India, believes that stealthing should be covered under the laws and can be considered to be amounting to rape too. He said that if consent had been given on the grounds that condom would be worn, then it should ideally amount to rape. However, stealthing remains in the grey zone as far as rape laws in India are concerned.