Statutory Solutions for Stealthing: How States Should Amend Their Laws to Address Nonconsensual Condom Removal

In recent years, growing awareness of “stealthing”—a term used to describe the act of removing a condom before or during sex without a partner’s consent—has led to widespread condemnation of the act as a form of sexual assault. However, legislatures across the United States have been slow to amend or add to their laws to specifically address stealthing, leaving countless victims without recourse. To date, only four states have successfully amended their laws to create civil penalties for stealthing, and not one treats stealthing as a crime. In an age where bodily autonomy seems increasingly at risk, it is imperative that states update their laws to clearly condemn stealthing.

This Note argues that states should amend their criminal codes to expressly include stealthing as an act that invalidates consent and, therefore, constitutes sexual assault. As an example, this Note explores ways in which Georgia’s state legislature might amend its current statutes to condemn stealthing. While this Note also discusses civil statutory approaches to stealthing and acknowledges the value of such approaches, it argues that civil liability alone is insufficient. To effectively combat stealthing and ensure justice for survivors, states should amend their existing civil and criminal statutes to clearly and expressly make stealthing a legally punishable offense.