What Is Stealthing?

The term stealthing first began appearing in national headlines when it became illegal in California in 2021. The law ultimately set a precedent for laws around the world that followed and continue to follow. Laws vary widely, and while some places have begun to explicitly criminalize the act, others may not yet have specific legislation addressing it. (For example: Just a few days ago stealthing finally became illegal in Queensland, Australia)

People who don’t wear condoms during sex after being told to by their sexual partners regardless of their sexual orientation can be convicted of sexual assault in Canada, according to a Supreme Court of Canada ruling in 2022.

In its unanimous decision, Canada’s top court ruled that stealthing — the act of pretending to use a condom, or removing one prior to sex without the partner’s consent — can violate the legal grounds for consensual sex.

“A complainant who consents to sex on the condition that their partner wear a condom does not consent to sex without a condom,” Justice Sheilah Martin wrote in the majority decision in July 2022. Link to full story here.