ACT set to criminalise stealthing, prompting renewed discussion on consent

BY MARLA SOMMER

A new Bill introduced in April by ACT Opposition Leader Elizabeth Lee looks to criminalise the act of stealthing under state law.

The amendment proposes consent will be negated if there is “an intentional misrepresentation by the other person about the use of a condom”.

Although stealthing, which is defined as the non-consensual removal of a condom during sex may be categorised as sexual assault, it is not explicitly prohibited under Victorian law.

Founder and director of Sexual Health and Intimacy Psychological Services Dr Sarah Ashton said the reasons for stealthing are complicated, but social and cultural factors can influence behaviours in the bedroom.

“If we apply a feminist lens to this, we live in a culture that prioritises male pleasure above and beyond the pleasure of women,” Dr Ashton said.

“Both men and women are socialised into thinking that male pleasure is the most important factor when it comes to sexual experiences.”

Founder and director of Sexual Health and Intimacy Psychological Services Dr Sarah Ashton says personal pleasure is placed at the forefront, rather than the safety of both parties. PHOTO: Supplied.

A Monash University study of more than 2000 people in 2018 found one in three women and one in five men, who had had sex with men, had been victims of stealthing.

Dr Ashton said while sexual education and the teaching of consent has improved, there needed to be continual development and awareness.

“I think there are many avenues for building awareness and creating accountability, part of that is the media, part of that is the law, part of that is health services and part of that is individuals taking accountability for their behaviour and being aware of what is and isn’t okay,” she said.

Dr Ashton, who agrees with the new amendment, said Australia is in the process of better understanding sex, gender equality and gendered violence.

“As our culture evolves so do our social norms and our laws,” she said.

Monash Student Association women's officers Isabella Burton and Chloe Yeats organise Safe and Sexy Week at Monash University to educate students on topics such as consent. PHOTO: Supplied.

Monash Student Association women’s officers Isabella Burton and Chloe Yeats who have both been victims of stealthing said awareness of the act is lacking.

Ms Burton said the first time she understood the nature of her experience was when she learnt about it in criminal law.

“It’s pretty messed up that the first time a lot of women come together and realise that this stealthing phenomenon is a criminal offence is when you’re required to learn that by the Bar Association, or a health professional has to tell you,” Ms Burton said.

Ms Yeats said poor consent education is partly to blame.

“You learn about how to put a condom on in sex education classes, but you don’t learn about what happens if someone takes it off midway, without your permission,” she said.

Ms Yeats said the criminalisation of stealthing is necessary due to the detrimental risks to the victim and the breach of trust.

“If it is a form of sexual assault, then it should be punished as such,” Ms Yeats said.

Both Ms Burton and Ms Yeats said the conversation about stealthing should include teaching males that this is a violation of consent.

“Having a word—stealthing—is fantastic, but I also think that covers what the actual issue is; it’s rape, it’s sexual assault,” Ms Burton said.

If you or anyone you know needs help, call 1800 RESPECT.

* COVER PHOTO: Lets Talk Sex