The nonconsensual removal of a condom during sexual intercourse would be an act of sexual battery under a bill introduced Monday by Assemblywoman Cristina Garcia (D-Bell Gardens).
California’s Civil Code currently characterizes sexual battery as someone who acts with the intent to cause a harmful or offensive contact with an intimate body part of another, and as a result, commits a sexually offensive act. The perpetrator is liable for damages.
The bill, AB 453, would add a provision that says a person commits sexual battery if they cause “contact between a penis, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.”
Experts say there are currently no civil or penal codes nationwide that define “stealthing,” as the practice is known, as a crime.
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