Stealthing: ACT criminalises nonconsenual condom removal

Stealthing nonconsensual consom removal

The ACT yesterday criminalised stealthing – the nonconsensual removal of a condom during sex.

The passage of the legislation makes the ACT the first Australian jurisdiction to explicitly outlaw nonconsensual condom removal during sex.

1 in 5 MSM stealthed

A 2018 Monash University survey of patients who attended Melbourne Sexual Health Centre found one in three women and one in five men who had had sex with men (MSM) experienced stealthing.

The ACT Legislative Assembly unanimously passed the legislation. Liberals leader Elizabeth Lee introduced the bill. She said stealthing risked the transmission of sexually transmitted infections and diseases as well as unplanned pregnancies. However, she said victims could also suffer depression, anxiety and post-traumatic stress disorder.

“Stealthing is a traumatic thing for any person to go through and I am very proud that the ACT has passed nation-leading reforms to specifically criminalise this heinous act.”

Stealthing is rape

Existing ACT law already covers the nonconsensual removal of a condom during sex. However, Attorney-General Shane Rattenbury said the new laws would remove ambiguity by creating an explicit definition.

“A strong and clear criminal justice response to sexual offending is important, not only for victims and survivors but also the entire community.

“Put simply, stealthing is rape.

“It is important that we have a society-wide culture that understands and promotes sexual safety and consent.”

Elizabeth Lee referred to a Victorian stealthing case still unresolved despite two years in the courts.

“We cannot wait for cases to come before courts before stealthing is specifically outlawed.

“We need to act proactively and send a clear message to the community that this behaviour is unacceptable, and a crime.”

The bill amends current consent provisions under the Crimes Act. Under the new legislation, intentionally misrepresenting the use of a condom negates the other person’s prior consent.

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Destiny Rogers

Destiny Rogers embarked on her career in the media industry immediately after high school, initially joining Mirror News, which later evolved into News Ltd. She fondly recalls editing Ian Byford's 'Passing Glances: A History of Gay Cairns' as one of her most fulfilling projects. Additionally, Destiny co-researched and co-wrote 'The Queen's Ball', chronicling the history of the world's longest-running continuous queer event. Her investigative work on the history of Australia's COON Cheese and Edward Coon culminated in the publication 'COON: More Holes than Swiss Cheese', a collaborative effort with Dr. Stephen Hagan. Destiny's journey at QNews began as a feature writer, and she was subsequently elevated to the role of Managing Editor of QNews Magazine in 2018. However, in July 2022, she decided to resign from this role to refocus on research and feature writing. For contact, please reach out at

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1 Comment

  1. Seamus
    14 October 2021

    The actual likelihood is that the condom will often roll up and fall off in the normal motions of the sex-act! This is a scam to what benefit half-arsed lawyers and police who get off on people fighting over nothing!
    I can just imagine the fraudulent compo cases and Dumb-arsed Law & Order: SVU scripts spooling up

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