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Is Stealthing a Form of Rape in California?

Wednesday, December 6, 2017 12:49
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“Stealthing” is a trending act that may soon be a sex crime in California. “Stealthing” is the act of intentionally removing a condom during sex without the consent of the other person. It is called “stealthing” because the removal of the condom is done without the other person realizing the condom has been removed. This person continues to engage in sexual intercourse without knowing that he or she is having unprotected sex.

Currently, the law has not caught up with this trend, but lawmakers have recently proposed making stealthing a crime in California.

Is Stealthing Rape?

Under PC 261, California defines rape as engaging in sexual intercourse with another person without that person’s consent. This typically means the sex is accomplished by force, threat or fraudulent means.

According to some lawmakers, stealthing fits the definition of rape by fraud because the victim is engaged in an act of unprotected sex without having knowledge of a key fact that robs him or her of the ability to make an informed decision about whether to engage in sex.

That is why lawmakers have proposed Assembly Bill 1033, which would amend PC 243.4 to make the act of intentionally tampering with a condom a crime. The proposed law would make it a crime to:

  • Remove a condom during sex without the other person’s knowledge
  • Cause a rip or tear in a condom before sex so that it will break during sex without the other person’s knowledge, OR
  • Deceive an otherwise consenting sexual partner by lying about the use of birth control

Possible Punishment for Stealthing

Currently, AB 1033 is being worked on in committee. No hearing has been scheduled, so it is not yet known when or if the bill will become law. It will have to pass through the legislature and be approved by Governor Jerry Brown in order to become law.

If passed, violations of this law would be considered wobbler offenses, meaning they could be charged as either a felony or a misdemeanor. The current version of the bill proposes a jail sentence of up to 364 days and a $2,000 fine for misdemeanor stealthing, and two, three or four years in prison and fines of up to $10,000 for felony stealthing.

Violating this law would also subject you to lifetime registration as a sex offender under PC 290.

Contact the Rape Defense Attorneys at Wallin & Klarich Today

Sex-related crimes carry severe consequences that could impact you for the rest of your life. That is why you should not hesitate to contact an experienced criminal defense lawyer if you have been accused of a sex crime.

At Wallin & Klarich, our skilled rape lawyers have more than 35 years of experience successfully defending clients facing sex crime charges. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich rape defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

The post Is Stealthing a Form of Rape in California? appeared first on Wallin & Klarich.


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