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
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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