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Stealthing: A different type of rape

On Behalf of | Jun 10, 2022 | Blog, Criminal Defense

Some types of sexual crimes in Illinois are readily identified by name and understood as being violent. Those heinous crimes are punishable by many years in prison if found guilty. However, not all crimes of this nature are well known. One such lesser known violation is called stealthing. It is an egregious breach of trust, makes a victim of the male’s partner, and exposes the victim to STDs and unwanted pregnancies.

What is stealthing?

Stealthing is a serious offense in which the male removes his condom during sexual activity without the consent of his partner. It is at this point that his actions become criminal and subject to prosecution in some states. Removing the condom without the partner’s consent has even been described by some as rape. The males is forcing his will upon his victim. It has also been referred to as reproductive coercion. It fits into the category of violent crimes, including battery, assault, sex crimes and murder. It removes the original condition under which the consensual arrangement was made. It is a crime that primarily affects women and gay men. It can be a traumatic experience for the partner and can cause irreparable physical and emotional harms.

Stealthing changes in the law ahead

Stealthing is not yet legally recognized in all states, however, awareness of it is steadily increasing. It is currently a punishable offense in the state of California. The governor signed AB-453 “Sexual battery: nonconsensual condom removal” into law in October, 2021. Political leaders from several other states are in discussions to determine the criminal repercussions of the matter. Several countries, including Canada, England and Switzerland already have laws against stealthing on the books.

It is a serious charge. People who have accused of it will need to have a comprehensive defense strategy to combat it.