Australia: In May 2017, an Australian court case was underway regarding stealthing. The president of the NSW law society has described stealthing as sexual assault because it changes the terms of consent.
Canada: A 2014 Supreme Court of Canada ruling (R v. Hutchinson) upheld a sexual assault conviction of a man who poked holes in his condom.
Germany: In 2018, a man was found guilty of sexual assault in Germany's first conviction for stealthing.
Switzerland: In 2017, a Swiss court in Lausanne convicted a man for rape for removing a condom during sex against the expectations of the woman he was having sex with, but in another case in 2019, the cantonal supreme court of Zürich disagreed. The cantonal supreme court held that such conduct was not illegal, albeit with regret.
United Kingdom: In UK law, consent to a specific sex act, but not to any sex act without exceptions, is known as conditional consent.
United States: Existing laws in the United States do not specifically cover stealthing and there are no known legal cases about it.
California: California Assembly member Cristina Garcia proposed a bill in February 2021 which would make it illegal to '[cause] contact between a penis, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed' during sex. Such an act would then be punishable as 'sexual battery'. Previously, Garcia introduced similar bills in 2017 and 2018 for the Californian criminal code, but they didn't receive a hearing or died in committee, so Garcia sought to add the provision to the state's civil code this time. If passed, it would be the first anti-stealthing law in a U.S. state.
Australia: In May 2017, an Australian court case was underway regarding stealthing. The president of the NSW law society has described stealthing as sexual assault because it changes the terms of consent.
Canada: A 2014 Supreme Court of Canada ruling (R v. Hutchinson) upheld a sexual assault conviction of a man who poked holes in his condom.
Germany: In 2018, a man was found guilty of sexual assault in Germany's first conviction for stealthing.
Switzerland: In 2017, a Swiss court in Lausanne convicted a man for rape for removing a condom during sex against the expectations of the woman he was having sex with, but in another case in 2019, the cantonal supreme court of Zürich disagreed. The cantonal supreme court held that such conduct was not illegal, albeit with regret.
United Kingdom: In UK law, consent to a specific sex act, but not to any sex act without exceptions, is known as conditional consent.
United States: Existing laws in the United States do not specifically cover stealthing and there are no known legal cases about it.
California: California Assembly member Cristina Garcia proposed a bill in February 2021 which would make it illegal to '[cause] contact between a penis, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed' during sex. Such an act would then be punishable as 'sexual battery'. Previously, Garcia introduced similar bills in 2017 and 2018 for the Californian criminal code, but they didn't receive a hearing or died in committee, so Garcia sought to add the provision to the state's civil code this time. If passed, it would be the first anti-stealthing law in a U.S. state.
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