Criminalising Stealthing: Lessons From the UK and Australia

The boundaries of sexual offences and the many facets of consent have provided somewhat of a legal conundrum, especially in the 21st century. Correctly identifying and labelling the various offences, alongside discussions around consent and deception, has had particular significance. The focal research question this article will consider is the concept of stealthing – a term used to describe non-consensual condom removal during sexual intercourse, how the criminal law should deal with such behaviour and the legal ramifications of this. We examine the utility of the current statutory frameworks and suggest avenues that extend beyond the criminalisation of this behaviour, focussing on both the UK and Australian territories in comparative analysis. An ideal and novel legal approach to addressing this non-consensual form of sexual behaviour is suggested.