The nonconsensual removal of a condom during sex, often referred to as "stealthing," is a violation of your trust, bodily autonomy, and consent.
Although sexual activity may begin consensually, when a partner removes a condom during sex without your knowledge or lies about using one, it breaches the foundation of that consent. The term stealing has been in use in the gay community to describe the criminal transmission of HIV.
This deceptive act is recognized as a form of sexual abuse under California law, as it strips away your ability to make informed decisions about your body and the associated risks.
As a survivor of stealthing, it's crucial to understand that this act is not your fault. You have the right to hold the responsible party accountable through a civil claim, even if no pregnancy resulted from the violation. This knowledge empowers you and gives you a sense of control over the situation, instilling a sense of empowerment and control.
Filing such a claim not only empowers you to seek justice but also helps ensure that the perpetrator is held accountable for their actions. It's a challenging process, but your determination to seek justice can have a significant impact, validating your experience and underscoring the importance of your pursuit of justice, thereby providing a sense of validation and importance to your experience.
At Injury Justice Law Firm, however, our experienced California sexual abuse attorneys know how to get to the heart of the matter and pursue the justice you deserve. We provide you with the legal protection and support you need during this difficult time, ensuring you feel supported and protected during this challenging process.
Amendment to Civil Code
In September 2021, the California State Legislature passed a bill that marked a significant change in the law. It made it illegal to cause contact between a penis, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed during sex. This change in the law is a crucial step towards protecting victims of stealthing.
The bill stated that such an act would then be punishable as "sexual battery." In October 2021, Governor Gavin Newsom signed a bill that made the practice a civil offense, meaning it is not a crime, but rather an act that allows victims to sue perpetrators for the act.
California's Assembly Bill 453 makes it unlawful to remove a condom without explicit consent during sex, a practice known as "stealthing." The bill adds this act to the state's civil definition of sexual battery, allowing victims to file civil lawsuits for damages, such as emotional and physical harm.
Simply put, AB 453 expands the definition of sexual battery to include the intentional removal of a condom without verbal consent during sexual intercourse.
Under California Penal Code 243.4, sexual battery is defined as any unwanted touching of an intimate part of another person for the purpose of sexual arousal, gratification, or abuse. This definition can apply to stealthing, as the act of non-consensual condom removal can be considered an unwanted touching.
What Does the Law Say?
The full statutory text of California Civil Code 1708.5 says -
"(a) A person commits a sexual battery who does any of the following:
(1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.
(2) Acts with the intent to cause a harmful or offensive contact with another by use of the person's intimate part, and a sexually offensive contact with that person directly or indirectly results.
(3) Acts to cause an imminent apprehension of the conduct described in paragraph (1) or (2), and a sexually offensive contact with that person directly or indirectly results.
(4) Causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.
(5) Causes contact between an intimate part of the person and a sexual organ of another, from which the person removed a condom without verbal consent.
(b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.
(c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(d) For the purposes of this section:
(1) "Intimate part" means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.
(2) "Offensive contact" means contact that offends a reasonable sense of personal dignity.
(e) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law."
What Is Stealthing?
California is the first in the United States to make removing a condom without consent illegal, but the law does not make stealthing a sex crime punishable by criminal code.
As noted, stealthing refers to the act of intentionally removing a condom without the knowledge or approval of the other party during sexual activity. It can also involve falsely claiming to have used a condom. These actions are deliberate, deceptive, and constitute a violation of consent.
Under California law, the principle of consent applies throughout the duration of any sexual encounter, not just at the initiation of sex. Thus, if one party withdraws consent at any point in the encounter, it's considered sexual assault or rape if the other party continues.
Similarly, if a person's consent to sex hinges on the use of a condom, it's considered a violation of that consent if the condom is removed without the other person's knowledge or verbal agreement.
Purposefully damaging a condom before or during intercourse may also be referred to as stealthing, regardless of who damaged the condom.
Victims are exposed to potential sexually transmitted infections (STIs) such as HIV/AIDS or unwanted pregnancies. Thus, such behavior can be considered sexual assault or rape.
Impacts of Stealthing on the Victim
Stealthing is a form of sexual abuse because it breaches the foundational principle of mutual consent. Consent is not a one-time act but an ongoing agreement that requires honesty. When that agreement is broken, the emotional, physical, and psychological toll can be profound. Here are several ways stealthing impacts survivors:
- Breach of Bodily Autonomy: At its core, stealthing robs you of the right to make informed choices about your own body. The act of deception or disregard sends a clear message that your boundaries and safety were not respected.
- Risk of Sexually Transmitted Infections (STIs): By removing the condom without permission, a perpetrator exposes you to potential health risks, including STIs such as HIV. This danger is heightened by the lack of control you had in the decision-making process.
- Risk of Unwanted Pregnancy: Unprotected sex may result in an unplanned pregnancy. Stealthing deprives the victim of the choice to assume that risk.
- Emotional and Psychological Trauma: Survivors of stealthing often experience feelings of anger, shame, and fear. This trauma can lead to anxiety, depression, or difficulty trusting others in future relationships. Any act that violates consent can leave deep emotional scars.
The impacts of stealthing serve as a reminder that this behavior is not merely an unfortunate misunderstanding; it is a serious issue. It is a purposeful act of manipulation that prioritizes the desires of one individual over the safety and rights of another.
How Long to File a Claim?
If you are a survivor of stealthing, you have a legal pathway to pursue justice through a civil claim regardless of whether any criminal charges are filed against the perpetrator.
In recognition of the fact that it may take time for a victim of sexual abuse to process what happened to them and build the courage to come forward, California law is quite generous when it comes to the statute of limitations for filing a civil claim.
For adults, California law generally allows survivors of sexual abuse, including stealthing, to file a civil claim for up to 10 years after the abuse occurred, up to three years after discovery. In other words, if the actions caused you to discover injuries over time, such as psychological harm, extensions to this deadline may apply.)
If you were a minor at the time the stealthing occurred, you have until your 40th birthday to file a civil claim if the abuse happened prior to January 1, 2024. If you were a minor and the abuse happened after that date, the statute of limitations is eliminated. For more information, contact the Injury Justice Law Firm, located in Los Angeles, CA.
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