Non-consensual condom removal now a civil offense in California

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California on Thursday became the first state in the United States to take action against non-consensual condom removal during sex, an act known as “stealthy, “ NPR reports. This means that if during the consensual sexual act, a participant withdraws his condom without the consent of the other participants, that person can be sued in civil court. While this is certainly a step in the right direction and more than any other state, it is at best a half measure that does not go far enough to deter behavior.

The idea behind the manufacturing stealthy a civil offense as opposed to a criminal offense would be based on the needs of the victim. Alexandra Brodsky, a lawyer who wrote about the phenomenon in 2017, told NPR: “There are a lot of survivors who don’t want to see the person who injured them in prison but might really need help rebuilding their lives. life, paying for health care, paying off a medical debt, being able to take time off work to heal. The issue of stealth has also recently been explored in Michaela Cole’s Award-Winning TV Drama I can destroy you, which addressed consent on several levels and the consequences of its ignorance. Cole’s character ranked the act of stealing like rape.

Providing a way forward for survivors is all well and good, but given this country’s inability to do anything against the perpetrators, as survivors are neglected and publicly humiliated rather than supported, one is understandably skeptical about to the value that can be found in expensive time and money. -a devouring civil lawsuit which will see only one author spend money.

What the stealth ban accomplishes is shed light on how consensual sex doesn’t always stay consensual from start to finish. Cristina Garcia, the state assembly member who introduced the legislation, “says she hopes the new law will lead to others like this – as well as a more nuanced understanding of the many. types of sexual violence “.

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