October 11, 2021 | Sex Life

Sex act of "stealthing" now banned in California

California is the first state in the US to make the act of “stealthing” -- removing a condom without permission during sex -- illegal. Last Thursday, Gov. Gavin Newsom signed the bill into law.

This law makes "stealthing" an act of sexual battery. Victims can now sue aggressors for damages.

After signing the bill, the Governor tweeted: "By passing this bill, we are underlining the importance of consent."

The bill has been a bit of a pet project for Democratic Assemblywoman Cristina Garcia, who has been trying since 2017 to get something on the books after finding out the practice was increasingly happening to both women and gay men.

“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,” Garcia said.

The Erotic Service Providers Legal Educational Research Project came out in support of the bill, arguing that it would better protect sex workers who could sue clients who removed condoms during sessions.

The Australian Capital Territory (ACT) also passed a similar bill this week, stating that a "person's consent is negated if it is caused by the intentional misrepresentation by the other person about the use of a condom."

"A strong and clear criminal justice response to sexual offending is important, not only for victims and survivors but also the entire community," ACT Attorney-General Shane Rattenbury said. "Put simply, stealthing is rape. It is important that we have a society-wide culture that understands and promotes sexual safety and consent."

Stealthing is already legally established as rape in the UK.

It's simple: if you say you're going to wear a condom, keep the damn thing on. Want to play bareback? Then make sure your partner is on board.