California Lawmakers Propose to Outlaw ‘Stealthing’

Stealthing, which is removing a condom during intercourse without consent, will  become illegal if the California Assembly approves the measure, allowing victims to sue their perpetrator for damages.

California lawmakers have moved to outlaw “stealthing,” which is removing a condom without permission during intercourse, reports the Star Tribune. Legislators sent Gov. Gavin Newsom a bill adding the act to the state’s civil definition of battery. The move amends the civil code so a victim can sue the perpetrator for damages, including punitive damages.

Democratic Assemblywoman Cristina Garcia, who has been pushing for this legislation since 2017 after a Yale University study showed acts of stealthing were increasing, originally created the bill attempting to make this a crime. She said stealthing can cause long-term physical and emotional harm to its victims. Analysts said that her bill would remove any ambiguity in if the perpetrator acted with intention or accidentally, which was why this act was rarely prosecuted, even though it could have been considered misdemeanor sexual battery before the bills passing. If the measure is approved by the full California Assembly Friday, it will make the state the first to outlaw this form of sexual battery.