California has become the first state to ban stealthing – where a person removes a condom without verbal consent during sex – in a move that opens the door for victims to sue for criminal battery.
Governor Gavin Newsom signed a bill into law on Thursday making the act illegal and a civil sexual battery offense.
The bill, put forward by Assemblywoman Cristina Garcia several years ago, passed the Senate and the Assembly last month without opposition.
People found guilty of removing a condom without consent could now be liable for general, special and punitive damages.
Garcia issued a statement celebrating the passing of the ‘trailblazing’ law which is the first anti-stealthing law in the country.
‘I have been working on the issue of ‘stealthing’ since 2017 and I am elated that there is now some accountability for those who perpetrate the act,’ Garcia said.
The assemblywoman said women and gay men had increasingly fallen victim to cases of stealthing – which she described as a ‘grave violation of dignity and autonomy’.
‘Sexual assaults, especially those on women of color, are perpetually swept under the rug,’ she said.
Garcia said there is ‘so much stigma’ attached to the issue but that the law now proved it is ‘a crime.’
‘It’s disgusting that there are online communities that defend and encourage stealthing and give advice on how to get away with removing the condom without the consent of their partner,’ she said.
Garcia urged other states to follow in the Golden State’s footsteps and enact similar laws.
‘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,’ she said.
‘More importantly, I encourage us all to not shy away from important conversations about consent in order to ensure we reduce the number of victims.’
Garcia cited a study by Yale University that showed cases of stealthing have been on the rise and which called the act ‘rape-adjacent.’
The study’s researchers found that stealthing left victims fearful of unwanted pregnancies, contracting a sexually transmitted disease as well as feeling ‘violated.’
MailOnline