Gavin Newsom Makes Stealthing Illegal
Governor Gavin Newsom signed a bill on October 7 prohibiting “stealthing,” the act of removing a condom during sexual intercourse without permission.
In a Yale University study, several cases showed women and gay men were unaware their partner removed the condom. This is a form of sexual battery since the action is done without consent. According to California Legislative, sexual battery is “any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.”
Unfortunately, cases of stealthing are rarely prosecuted due to the difficulty in proving the perpetrator acted intentionally instead of accidentally. However, the Erotic Service Providers Legal Educational Research Project backed the bill, supporting sex workers to sue clients who also stealth during intercourse.
California became the first state to make stealthing, the act of removing a condom without consent during intercourse, illegal after Gov. Gavin Newsom signed a bill into law.
— The New York Times (@nytimes) October 8, 2021
“We are underlining the importance of consent,” the governor’s office said.https://t.co/pJt9thhpf1
Democratic Assemblywoman Cristina Garcia tried to pass the bill in 2017 but was not successful until now. Garcia commented, “This law is the first of its kind in the nation, but I urge other states to follow in California’s direction and make it clear that stealthing is not just immoral but illegal.”
In addition, Garcia passed another bill stating that rape in a non-spouse situation is equivalent to rape within marriage. Most rape cases in marriage are dismissed because of the relationship between the victim and perpetrator through a marriage license. However, it does not recognize the domestic abuse or coercion within the marriage that leads to rape. Those convicted of spousal rape are subjected to probation instead of prison time. The perpetrator is only put on the sex offenders list if they use violence and are sentenced to prison.
This week, California’s governor signed a bill into law that eliminates legal distinctions between “spousal rape” and rape. I wrote about the issue in May for @19thnews and spoke then w/ @AsmGarcia about the legislative challenges to removing loopholes: https://t.co/iC4D2zH3jO
— Barbara Rodriguez (@bcrodriguez) October 8, 2021
With the new approved Bills from Newsom, there will be a better chance at rights and justice for sexual assault victims.
Content Writer
