Stealthing: Making Nonconsensual Condom Removal the Equivalent of Rape

Valentina Chawdhury, Jennifer Diaz, Cindy Mahoney, Marwa Mohamed

California State University of San Bernardino

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Table of Contents

Executive Summary………………………………………………………………………… Pg. 2

The Problem…………………………………………………………………………………. Pg. 3-4

The Solution…………………………………………………………………………………. Pg. 4-7

Alternate Options……………………………………………………………………………. Pg. 7-8

Conclusion…………………………………………………………………………………… Pg. 8

References…………………………………………………………………………………… Pg. 9-11

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Executive Summary

Stealthing is a practice that is not new, and is seldom spoken about. This issue targets the

sexually active adult population. This horrendous act is when a man wearing a condom during

sexual intercourse secretly removes the condom without their partner’s knowledge or consent.

For example, the insertive partner may tell the receptive partner that he will be wearing a

condom, and then get the female into a position for sex from behind in which the receptive

partner cannot see whether or not the insertive partner is still wearing a condom. This has raised

great concern for individuals who are affected by this matter. There are several cases that support

this rise in issue. Stealthing is causing people stress, physical and emotional harm. This issue is

growing and is encouraged by men to other men through the online community to take part in

stealthing. A great number of individuals are at high risk of getting pregnant or possibly

contracting or passing on sexually transmitted infections. Sexually transmitted diseases are

increasing for both sexes at an alarming rate in recent years, especially chlamydia. The 2016

Sexually Transmitted Diseases Surveillance reports, “ It is among the most prevalent of all

STDs, and since 1994, has comprised the largest proportion of all STDs reported to CDC.”

Therefore, this paper proposes solutions to decrease the rising rates, such as registering a

perpetrator of stealthing as a sex offender.

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I. I. The Problem

Stealthing is officially defined by dictionary.com as the “act of removing a condom

during sex without the consent of the partner.” This issue of removing the condom during

consensual sex, poses the question of whether this emerging “sex trend” is considered as a form

of sexual assault or even rape. Furthermore, if it is considered and defined as a form of sexual

assault or rape, what are the legal ramifications and how can an individual prove they were a

victim of stealthing? Stealthing is considered to be a “new sex trend” because of the many posts

on social media depicting men bragging about the act of nonconsensual condom removal.

Although stealthing is not new, “the aspect of internet promotion among men is new”

(Rosenblatt, 2017). Even though the act of stealthing is a violation of physical boundaries and

trust, there are currently no clear laws in place in which stealthing is considered illegal. Due to

the “newness” of this topic, there are very few research articles dedicated to this concept, thus,

there is limited information that has been documented on stealthing.

In her research on stealthing, Brodsky (2017) clarified that “non consensual condom

removal is a common practice among young, sexually active people” (p.185). Stealthing does not

only affect heterosexual individuals, it also affects the gay community. Brodsky (2017) states in

her article that “both men and women describe having sex with male partners with penises who,

during sex, removed the condom without their knowledge” (p.185). The motivation behind

stealthing remains unclear as Rosenblatt (2017) lists “increased physical pleasure and a thrill

from degradation” as possibilities. Conversely, the act of stealthing leaves victims feeling

violated and forms distrust against their partner. The physical trauma of stealthing also leaves

victims with emotional distress among other mental issues. The absence of a condom during

sexual activity or intercourse leaves individuals vulnerable to many STDs and STIs. Additional
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emotional distress is added with the fear of an unwanted pregnancy among women. Overall, the

victim feels their autonomy has been violated.

The main argument for stealthing to be classified as sexual harassment or rape can be

based on the agreement which both partners made before the sexual act. As Brodsky (2017)

stated, “the victim consented to touch by a condom, not touch by the skin of a penis” (p.190).

With that being said, there needs to be legislation which clearly state that consent to sex with a

condom is different than consent to sex with the skin of a penis. Stealthing is a violent act which

strips the victim of his/her autonomy and sexual freedom. Empirical research needs to be

performed to obtain statistics so that the magnanimity of stealthing can be brought to light. This

may in turn encourage more victims to come out of hiding and seek the help they need once they

realize they are not the only ones suffering from this injustice. One thing each survivor of

stealthing can agree on is that the nonconsensual removal of a condom during intercourse is

“disempowering and a demeaning violation of a sexual agreement” (Brodsky, 2017, p. 186).

Stealthing is a complex public health issue which this paper aims to address and propose

solutions to.

II. II. The Solution

Stealthing can leave a victim vulnerable to unwanted STDS, STI, unwanted pregnancy,

and emotional distress. For example if two individuals have consensual sex with a condom, but

one person removes the condom without their partner’s consent, they now exposed that person to

having a higher risk of catching an STD. According to the Centers for Disease Control and

Prevention, the 2016 Sexually Transmitted Diseases Surveillance reports, “there are [an

estimated] 20 million new STDs in the U.S. each year, and half of these are among young people

ages 15 to 24 years.” Sexually Transmitted diseases are increasing for both sexes at an alarming
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rate in recent years, especially chlamydia. The 2016 Sexually Transmitted Diseases Surveillance

reports, “ It is among the most prevalent of all STDs, and since 1994, has comprised the largest

proportion of all STDs reported to CDC.”

Stealthing can lead to an unwanted pregnancy. For example a 31 old year old Australian

woman had an unwanted pregnancy with her partner after he removed the condom without her

knowledge (Maclean, 2017). “Her partner started to pressure her into having sex again, but she

insisted on a condom because she didn’t want to get pregnant again” (Maclean,2017). Six weeks

later, she discovered she was pregnant. When she asked her partner "he had a smirk on his face

then told me he had taken the condom off halfway through but that I didn't notice so ‘what was

the big deal?” (Maclean, 2017). This is an example of an act of sexual violence, although this

was her partner who she’s had sex with before she did not give him consent to remove the

condom during sex. The women would of not had sex with him if the condom was going to be

removed.

A victim who experiences stealthing may also experience emotional distress. A victim

may experience the feeling of betrayal, they may feel like someone violated their trust and well-

being. Victims will begin to feel as if they have no right to make their own sexual decisions. All

these negative effects will affect a victim in their future sexual experiences. Given the increase in

STD rates, emotional damage, and unwanted pregnancies, we propose a federal law against

stealthing.

Consent is defined by University of Michigan Policy & Procedures on Student Sexual

and Gender-Based Misconduct and Other Forms of Interpersonal Violence as “when someone

agrees, gives permission, or says "yes" to sexual activity with other persons. Consent is always

freely given and all people in a sexual situation must feel that they are able to say "yes" or "no"
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or stop the sexual activity at any point” (“What is Consent”, 2017). Consent should never be

assumed.

According to Subsection 273.1(1) the legal definition of consent is defined as “the

voluntary agreement of the complainant to engage in the sexual activity in question. Conduct

short of a voluntary agreement to engage in sexual activity does not constitute consent as a

matter of law (“A Definition of Consent to Sexual Activity”, 2015). Subsection 273.1 (2) sets out

specific situations where no consent was given. For example, “where the accused induces the

complainant to engage in the activity by abusing a position of trust, power or authority” (“A

Definition of Consent to Sexual Activity”, 2015). The act of stealthing is abusing another

individual’s trust by removing the condom without their knowledge. A person who conducts the

“act of stealthing” are misusing their power and authority. When two individuals consent to

having sex only with the use of a condom that means that when one person removes the condom

without the other person’s knowledge a different form of sex is occurring that they did not

consent to. They gave consent to have sex with a condom, not with the skin of the penis, which

are completely two different forms of sex.

In court case Assange V Swedish Prosecution Authority, Julian Assange was accused of

rape of two women, for removing the condom without their consent. According to Kale, "his

[Assange's] conduct in having sexual intercourse without a condom in circumstances where she

had made clear she would only have sexual intercourse if he used a condom would therefore

amount to an offence under the Sexual Offences Act 2003." In other words, removing a condom

without consent constitutes a sexual offence” (Kale, 2017). Basically, consent was not valid in

that situation under the Sexual Offences Act 2003.

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Stealthing can cause traumatic effects, which can be internal or external. To create a

resolution, we must contact the federal law, the judicial branch specifically because the United

States Supreme Court needs to determine whether or not (nonconsensual removal of a condom)

our potential law is constitutional. If this occurs, our law will become structured and the federal

law will determine punishments such as making stealthing a misdemeanor rather than a felony. A

person who gets convicted because of an act of stealthing will be registered as a sex offender.

III. III. Alternate Options

An alternate option in helping reduce the number of stealthing incidents is providing the

option for states to implement a law in which it considers stealthing a rape crime. In doing so,

stealthing would be considered illegal and sexual partners of the victims would have to face

criminal charges thus bringing awareness and helping lessen stealthing rates. By implementing

the law onto the states and providing awareness, educational programs can come into place to

bring information and resources to sexually active females in providing female condoms. This

alternate option that would help benefit the female in feeling safe and in control. This would

lessen any emotional stress and anxiety that would come along. Some campaigns and social

media may also be another option in providing insight into the matter. Campaigns and social

media may bring awareness to many in a short amount of time, bringing many to acknowledge

the issue and available resources such as female condoms.

Although it is a great way for individuals to access health information, it can get

complicated over the course of time. Inaccurate information may surface social media bringing

people to rely on false data. If stealthing were to take over social media, it would give social

media users the opportunity to see stealthing as a sex trend and not a concerning health issue.

Providing information over social media could possibly end up doing more harm than assisting
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in the matter. For example, when the Zika Virus took over social media, a credible source

explaining the virus was viewed 20,000 times compared to that of an inaccurate source viewed

500,000 times (“Misleading Information,” 2017). Although it may seem that all social media

news may be a bad thing, it may also be helpful, such as when the Ebola outbreak happened.

“More than 60 million people found out  via Twitter about the first Ebola outbreak in West

Africa three days before any official announced it” (“Misleading Information,” 2017). With the

help of social media, a national state of emergency was placed in the states helping diagnose the

first American with Ebola.

IV. IV. Conclusion

Essentially, these individuals need to take personal responsibility for maintaining their

sexual safety, and they must do this on a consistent basis. If this does not occur, our law will take

place and those who are convicted, will be registered as a sex offender. There are men in the

online community that have a misconception on stealthing. There are men glorifying this act and

believe this to be unharmful. Although males are committing this deed, they may not be aware of

the consequences involved. Their main focus is receiving pleasure out of the act, but do not take

into account of the effects that remain after. Education plays a vital role when it comes to the

concept of contracting STDs and unwanted pregnancies. Stealthing has become a new term for

sexual assault. If awareness in stealthing is recognized as a crime, women will come forward and

finally receive the support they deserve. With this, it will help end the act of stealthing.
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References

Brodsky, A. (2017). “Rape-adjacent”: imagining legal responses to non consensual

condom removal. Columbia Journal of Gender and Law, 32(2), 183-210.

Centers for Disease Control and Prevention (2017). Sexually Transmitted Disease Surveillance

2016 retrieved from

https://www.cdc.gov/std/stats16/CDC_2016_STDS_Report-

for508WebSep21_2017_1644.pdf

Davis, K. C., Stappenbeck, C. A., Norris, J., George, W. H., Jacques-Tiura, A. J., Schraufnagel,

T. J., Kajumulo, K. F. (2013). Young men’s condom use resistance tactics: A latent

profile analysis. The Journal of Sex Research, 51.

Government of Canada, Department of Justice, Electronic Communications. (2015, January 07).

A Definition of Consent to Sexual Activity. Retrieved December 07, 2017, from

http://www.justice.gc.ca/eng/cj-jp/victims-victimes/def.html

Kale, S. (2017, January 12). Man Convicted of Rape After Removing Condom During Sex Without

Consent. Retrieved December 07, 2017, from

https://broadly.vice.com/en_us/article/mbqa83/man-convicted-of-rape-after-removing-condom-

during-sex-without-consent
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Maclean, D. (2017, June 19). Stealthing pregnancy: Woman says she gave birth after partner

removed condom during sex. Retrieved December 07, 2017, from

http://www.independent.co.uk/life-style/stealthing-pregnancy-woman-gave-birth-

condom-removed-sex-relationships-a7796846.html

Nedelman, M. (2017, April 30). Sexual assault laws struggle with 'stealthing' trend. Philadelphia

Tribune, p. 4A.

OUTLAWING "STEALTHING". (2017, July 01). Voice Male, pp. 6-7.

Pemberton, B. (2017, June 15). Women warned against dangerous non-consensual sexual trend

of 'stealthing' which is on the rise. Retrieved November 09, 2017, from

https://www.thesun.co.uk/living/3488839/what-is-stealthing-sexual-trend-assault-risks/

Rosenblatt, K. (2017, April 29). ‘Stealthing’: victims describe partners removing condoms

during sex without consent. NBC News. Retrieved from

https://www.nbcnews.com/news/us-news/stealthing-victims-describe-partners-removing-

condoms-during-sex-without-consent-n752681

Sexual Assault Prevention and Awareness Center. (n.d.). Retrieved December 07, 2017, from

https://sapac.umich.edu/article/49

Study: Misleading info 90% more popular than accurate info on social media. (2017). Retrieved

December 7, 2017, from https://medium.com/digital-vault/study-misleading-and-

potentially-dangerous-information-was-90-more-popular-than-accurate-e14230296986

Ulloa, Jazmine. “State Lawmakers Advance Bill That Would Make 'Stealthing' Sexual Assault
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but Question Whether It's Enforceable.” Los Angeles Times, Los Angeles Times, 12 July

2017, www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-state-

lawmakers-advance-bill-that-would-1499821446-htmlstory.html.