Región:
USA
Categoría:
Society

Stealthing: California bans non-consensual condom removal

  • Stealthing: California bans non-consensual condom removal
    "We wanted to make sure that it's not only immoral, but illegal," said California Assemblywoman Cristina Garcia who introduced the bill. Stealthing: California bans non-consensual condom removal

"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," said Assemblymember Cristina Garcia, who sponsored the bill, which makes stealthing a civil sexual battery offense.

 

California Governor Gavin Newsom signed into law a bipartisan bill that outlaws non-consensual condom removal, known as "stealthing". The new legislation adds the act to the state's civil definition of sexual battery, making California the first US state to render stealthing illegal.

The law gives victims a clear legal remedy for the assault that Doogan, who now lives in San Francisco, suffered decades ago. And advocates say it marks a sea change for other survivors who, unlike Doogan, might now have their day in court.

"We wanted to make sure that it's not only immoral, but illegal," said California Assemblywoman Cristina Garcia who introduced the bill.

About 30 years ago, just months after starting work as a prostitute, Maxine Doogan became pregnant.

She had been with a new client at a massage parlour in Anchorage, Alaska, when she realised he had removed his condom surreptitiously during intercourse. Shocked, she ran to the bathroom. When she returned the client was gone.

Doogan, then in her mid-twenties, went to a nearby health clinic for a round of tests for sexually transmitted infections and later gave a silent thanks for each negative result.

Six weeks later, Doogan sought an abortion. It cost her around $300 (about £220 at today's conversion rate) and after the procedure she couldn't work for a month.

What the client did was wrong. But as far as she knew it wasn't illegal.

"There's just no recourse for something like that," she said.

Garcia said she was inspired to bring the topic of stealthing to the House floor after reading a 2017 Yale Law School research paper by then-student Alexandra Brodsky - who is now widely credited with bringing the term into popular use.

Brodsky, who now works as a civil rights lawyer and is the author of Sexual Justice - which looks at how to respond fairly to sexual assault - detailed a number of stories in her paper from survivors in the context of otherwise consensual romantic or sexual relationships.

Their accounts often started the same way, Brodsky wrote. "I'm not sure this is rape but…"

They detailed their fear of sexually transmitted infections and pregnancy, as well as intense feelings of violation and betrayal. But the survivors Brodsky spoke to - many of whom reported being raped previously - did not describe stealthing as equivalent to sexual assault.

People weren't making that connection yet, Brodsky said. "I think a big part of the problem was that a lot of people thought they were the only person this had happened to," she said.

But research shows stealthing is "depressingly common", according to analysis from California's Senate judiciary committee in assessing Garcia's bill.

A 2019 paper published in the National Library of Medicine found that 12% of women ages 21 to 30 reported experience with stealthing. That same year, researchers with Monash University in Australia, found that one in three women and one in five men who have sex with men had been subjected to the practice.

And another 2019 study found that almost 10% of men reported removing a condom during sex without consent.