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The new law adds the act to the state’s civil definition of a sexual battery, changing the state’s civil code. As a result, the victim has the right to sue the perpetrator for damages, including imposing a sentence. The law makes removing condoms without one’s verbal consent illegal Sputnik, Saturday (9/10/2021).
The lead author of the original study on the matter, civil rights attorney Alexandra Brodsky, congratulated the law’s author, Democratic state Assemblyman Cristina Garcia, who has been trying to “stealthing” a crime since a 2017 study.
Also read: Use Glue instead of Condoms during Sex, Indian Man Dies
In 2017, research from Yale University found that so-called stealthing – removing a condom during sexual intercourse – is on the rise among heterosexuals and gays, increasing the risk of unwanted pregnancies and sexually transmitted diseases (STDs). The study argues that the existing law lacks a mechanism to establish accountability for such actions.
According to the AP, stealthing may already be considered sexual harassment, although it is rarely prosecuted because of the difficulty of proving that the perpetrator acted intentionally rather than unintentionally.
Previously, the rights advocacy group Legal Education Research Project for Erotic Service Providers publicly supported the bill, claiming that it would empower sex workers to sue clients who remove condoms.
Also read: Disgusting, 345,000 used condoms are recycled and are about to be resold
In addition, the governor of California signed the second Garcia Bill, which treats rape of a partner the same as rape of a non-spouse, removing exceptions to the rape law for victims who are married to the perpetrator.
California is one of only 11 states that make a distinction between partner rape and other types of sexual assault. The maximum penalty is the same, but those convicted of partner rape may now qualify for probation rather than imprisonment or detention. And under existing law, couples must register as sex offenders if they are sentenced to state prison only if their behavior requires the use of force or violence.
(ian)
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