California is close to becoming the first state to outlaw “theft”, a depressingly common method of removing condoms during sexual intercourse without oral consent.
Earlier this week, lawmakers sent a letter to Gov. Gavin Newsom. A bill It would steal California’s sexual battery into civil definition. This will give people a chance to sue the perpetrators in a civil court, but it will. Will not Change the criminal code or allow them to go to jail. Lawmakers unanimously approved the move.
Assemblywoman Christina Garcia, who sponsored the bill, said it would help hold the attackers accountable for the fraud. In addition to increasing the risk of sexually transmitted infections and unwanted attacks, stealing by many workers is considered a form of abuse, as victims have never consented to unprotected sex. “This makes it clear that ‘theft’ is not only immoral, it is illegal,” Garcia said. Wrote on twitter About the bill
The term stealthing has long been used in homosexuals, often referring to HIV-positive men who deliberately try to infect someone else without their knowledge during sex. But then Alexandra Brodsky, a law student (author of the book) Sexual justice) Published a Columbia Journal of Gender and Law. Paper about people who accidentally remove condoms during sex. This is more than you think: later on the study In 2019, in the United States and Australia, 12 to 32 percent of women of any age experienced theft with 10 to 19 percent of men.
2020 HBO series. I can destroy you Helped Bring more attention Problem with a plot line in which the main character Arabella (Michela Coyle) realizes after the fact that a man with whom she had sex removed the condom without telling her.
Assemblyman Garcia first tried to ban the practice in California in 2017, introducing a bill that would make stealing a crime punishable by jail time. New Zealand, Switzerland, Canada, Germany., And some other countries. He did not pass the California standard. Legal experts in the United States say the cases will be rare because it is difficult to prove that the perpetrator acted deliberately.
Some activists and intellectuals believe that empowering a survivor to sue in a civil court, which the new bill allows, could be a better solution. Survivors have more power to decide whether to prosecute than to prosecute, where the police have the choice to investigate and the prosecutor has the choice to pursue the case.
And sometimes imprisonment is not the best option. Civil lawsuits can at least give some cash to survivors. As Brodsky, who wrote the 2017 study, told Of New York Times: “There are many survivors who don’t want to see the person who hurts them in prison and can really use it to help pay off medical debts or use the resources to see a doctor. Is.”