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What is Stealthing?

Stealthing as a sexual crime that is quickly gaining an abundance of attention. There are numerous sexual crimes that are specifically forbidden by state and federal laws, but stealthing is not currently one of them. When a man removes a condom during sex without his partner’s consent, it is considered “stealthing,” and could result in serious legal consequences.

Potential Repercussions

Removing a condom during sex without the partner’s consent could have serious consequences, including pregnancy or the transmission of a sexual disease. If the individual who removed the condom knowingly carried a disease, he could be charged with a misdemeanor under New York Public Health Law, Section 2307. However, if charged with a sexual crime, the guilty party could face more serious charges.

How Stealthing Could Be a Sexual Crime

Although the person guilty of stealthing may be charged under existing laws, there are not any laws currently in effect that directly prohibit stealthing. Because there is no law explicitly saying stealthing is illegal, the lines around this issue are very blurry. If two people consent to have safe sex, and the man removes the condom without the permission of his partner, he has lied and essentially tricked his partner into an unwanted sexual act. By this way of thinking, rape, nonconsensual sex, has technically occurred.

Stealthing as Fraud

When a man convinces someone to have safe sex while using a condom, but then he removes that condom, he has committed fraud in the inducement. He did not obtain consent and therefore used a fake promise, which he then broke.

Unfortunately, like all sexual crime cases, a lot of the issue comes down to he-said versus she-said. When instances like these occur, it is important to have specifically outlined laws pertaining to the issue at hand, in this case, stealthing, for the court to turn to. Some states are currently working on laws against stealthing, but nothing is yet official.

To learn more about stealthing, visit avvo.com.

If you were accused of stealthing or some other crime involving sexual violence, our firm wants to help. Contact Attorney Wagner at Wagner Law Associates, P.C. to get started on your case, today.

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