Published: Fri, May 19, 2017
Health Care | By Oscar Goodwin

California and Wisconsin lawmakers move to criminalise stealthing

California and Wisconsin lawmakers move to criminalise stealthing

If passed, the bill introduced by Democratic Rep. Melissa Sargent, would change the definition of consent under Wisconsin law.

Garcia's spokeswoman, Teala Scheff, said Garcia herself had been a victim of stealthing years ago but hadn't realized she could take action to prevent it from happening to other people until she saw recent media reports describing the practice.

"We need to be straight about it, this is assault and as a civilized society we need to stand on the side of what is right and make sure that we're protecting people in our communities", she said. Laws such as these, she said, are focused much more on the response rather than the prevention. But it gained increased attention last month when Yale Law School graduate Alexandra Brodsky published an article on "stealthing" in the Columbia Journal of Gender and Law. Three days after the article's publication, Wikipedia added a page for the word "stealthing," which now redirects to "Non-consensual condom removal".

When consent is given on the understanding a condom will be used, removing the condom presents an encounter the partner did not consent to.

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Her article, which examined possible legal solutions to the phenomenon, drew on interviews with anonymous victims of stealthing and accounts of stealthing posted online.

Local law enforcement, including the Madison Police Department and the University of Wisconsin Police Department, told NBC News that they have never received a report of "stealthing" in the area.

"Everyone has their own story", she said.

Condoms at the Natex male condoms plant in Brazil. And if the intercourse is nonconsensual, then it would by law be sexual assault.

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What's unclear, though, is if Sargent's bill is a solution to a problem or a solution in search of a problem. "We haven't yet seen a consensus about how to address it". "Hope they propose civil rather than criminal remedies, as paper suggests", Brodsky wrote on Twitter on Wednesday, commenting on the news.

In the United Kingdom, the law explicitly equates stealthing to rape, even though there is no legal precedent as yet."You're doing something that's quite deliberate, which you don't have permission for", Sandra Paul, a partner in the law firm Kingsley Napley who specializes in sexual crime, told the BBC, "If that is penetrative sex, then that is the definition of rape".

These proposals come just after a court in Switzerland decided stealthing is not rape when they downgraded the charges for a man convicted of the act from rape to "defilement".

In the same article the National Police Chiefs Council, the body representing police chiefs in the United Kingdom, agreed with the lawyer and encouraged reporting the crime to the police.

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