Stealthing – a violation of consent
Stealthing is a term many readers might not be familiar with, but it carries serious implications, both legally and emotionally.
The term refers to the act of removing a condom during sex without the other person’s consent. It’s not just a breach of trust – it’s a violation. In many places, including the UK, stealthing is recognised as sexual assault, but the legal framework around it is still evolving.
For a long time, stealthing has existed in a somewhat grey area. A misconception persists that if someone consents to sex initially, everything that happens during that encounter is then acceptable. A misconception as stated as consent is not static, it is ongoing and conditional.
Thankfully, landmark cases around the world are recognising this. In California a precedent was set in 2021 where the state became the first US state to explicitly make stealthing illegal. That law clearly defined stealthing as sexual battery, reinforcing the importance of explicit consent throughout sexual activity.
In the UK there is mounting pressure to adopt similar legislation. Currently under UK law stealthing can be prosecuted under existing sexual assault laws however, the lack of explicit wording means that survivors often face barriers when seeking justice. In addition, the current legal ambiguity may result in them feeling that their experiences won’t be taken seriously or fearing that they will face blame or disbelief. This legal ambiguity also creates an environment where perpetrators may feel emboldened.
Despite a case in England in 2021, where a man was convicted of sexual assault for stealthing, cases like this are rare, and many victims don’t know that they have the right to report it. Without specific legislation naming stealthing, it is more difficult to prosecute.
Legal clarification is desperately needed as the deeply troubling statistics show. A study by the British Journal of Criminology found that stealthing is alarmingly prevalent. Around 12% of women and 10% of men surveyed reported having experienced it.
Worryingly, stealthing is sometimes trivialised or even normalised. There are online forums where perpetrators share tips or boast about their actions, treating it like a joke. So this kind of behaviour is not just happening, it is being encouraged.
In addition, stealthing needs to be on the safeguarding educational agenda. Whilst many universities have introduced policies to protect students from stealthing, schools and other organisations that work with young people also need to address these issues directly. Whilst relationship and sex education (RSE) in the UK has been updated to cover consent, stealthing needs to be explicitly discussed. It is imperative that young people need to understand that anything less than full consent is unacceptable.
Stealthing isn’t only sexual violence, it also has wider implications for public health. By removing a condom without consent, perpetrators are exposing their partners to:
- Unwanted pregnancy: If the victim is not using other forms of birth control, they may become pregnant;
- Sexually transmitted infections (STIs): Stealthing exposes the victim to the risk of contracting STIs, even if the perpetrator does not have any;
- Emotional trauma: Stealthing can be a deeply violating experience that can cause long-term emotional distress for the victim.
The psychological impact is just as severe. Survivors report feelings of violation, shame, and even trauma. For some, it leads to a breakdown in trust and intimacy in future relationships.
Some policymakers argue that existing legislation already covers stealthing and fear overcomplicating current sexual assault laws, but explicit laws matter. We’ve seen this in other safeguarding areas such as upskirting. Specific named offences not only aid prosecution but send a clear message to the public, to survivors, and to perpetrators. We need a clear message that stealthing is illegal and unacceptable- no ambiguity, no loophole.
SSS Learning Safeguarding Director
22 January 2025
