June 5, 2017 By Jason Cohen
Assemblyman Francisco Moya (D-Jackson Heights) introduced legislation last week that would classify “stealthing,” which involves the removal of a condom during sex without consent, as a form of sexual assault.
Should the bill become law an offender would be charged with rape in the third degree, a class E felony that carries a minimum sentence of one year and a maximum of four years in prison.
In condom stealthing, either party can be the culprit and it can also involve tampering with a condom before intercourse.
Moya said this is an issue that should not be overlooked.
“Stealthing isn’t some harmless new fad – it’s rape,” Moya said in a statement. “Removing a condom without the other partner’s knowledge invalidates any consent given beforehand, and should be treated as such in our courts. The victim did not agree to the risk of pregnancy, and they did not agree to the risk of STDs. They were stripped of their autonomy the moment their violators took it upon themselves to remove the condom.”
Currently, Moya said, it is difficult to prosecute the offenders, since there is a lack of legal precedent on the matter.
“The brave victims who have come forward to speak of their harrowing experiences have done a service to every victim who has suffered in silence, unsure and confused by the assault,” Moya said in a statement. “My bill will give our courts explicit direction for prosecuting this offense, and in so doing send a clear message to every person who has committed and made light of this crime.”