Stealthing, which consists of removing the condom without warning, is an increasing practice, but too little known. It is however a rape, according to legal experts. Explanations.
The stealthing, a little known term, but a very dangerous practice. In French, it can be translated as "the fact of practicing a stealth action". It consists in removing the condom without the knowledge of his or her partner during sexual intercourse, and falls under the will of domination of the other. It can lead to unwanted pregnancies as well as to sexually transmitted infections, such as HIV / AIDS. The word gained visibility in 2017, thanks to the publication of a study carried out by American lawyer Alexandra Brodsky. She explains that stealthing is an increasing aggression, according to the testimonies that she collects as a specialist in sexual violence. For her, it is clear: victims of unintentional condom withdrawal must be helped, in particular, by the law.
In 2017, a French follower of stealthing was sentenced to twelve months in prison suspended for rape, by the Criminal Court of Lausanne, reports The Express. The court had even reclassified the facts as "sexual act committed against a person incapable of discernment or resistance." Switzerland, but also Canada both classify "stealthing" in the rape box. A choice that should extend all over the world.
What does the law say in France?
In the French Penal Code, it is said that "Rape is defined as" any act of sexual penetration, of any kind, committed on the person of another by violence, coercion, threat or surprise. " But concerning the stealthing, it is the big blur. However, many lawyers believe that this practice is rape by surprise. On the site specializing in law Village de la justice, we can read: "In France, the question has not yet been brought before the courts. But the recent jurisprudence of the Court of Cassation suggests that there is only a small step to take to recognize the only qualification which befits him, that of rape by surprise (…) Also, stealthing should be considered as a rape by surprise in the same way as any maneuver leading to mislead a victim on a condition for sexual intercourse expressly stated as such by her ".
At the end of September 2020, a woman lodged a complaint against a French ambassador for having removed the condom before their sexual intercourse, without her consent. A case that could well advance the law. Until then, victims of stealthing are encouraged to speak up for support and file complaints.