The Australian Law on “Stealthing” By Mrs Vera West
As a Christian conservative blog, we are seldom are faced with discussing such things as condoms, but this is necessary here, as there is a public policy issue arising. Stealthing is the non-consensual removal of a condom during sex. It is a criminal offence in some Australian jurisdictions, but South Australia is set to raise the bar, with a penalty of up to life imprisonment. Let’s see; in South Australia the penalty for murder also has a life imprisonment sentence as a maximum, with a minimum non-parole period of 20 years:
https://en.wikipedia.org/wiki/Life_imprisonment_in_Australia
The maximum penalty for rape in South Australia is also life imprisonment.
Now, taking off a condom could result in the transmission of a STD, or an unwanted pregnancy, but the difference between it and rape, is that the act leading to the condom removal was consensual and may not lead to either disease of pregnancy. That is not to minimise the act, which is indeed something which the criminal law should deal with, but the penalty seems intuitively excessive, putting it up there with murder. The danger here is that a truly bad person, if suspecting that he will be reported for this condom offence, may double down and go for murder.
In particular, the removal scenario could have many innocent occurrences, which any law student could envisage, so that unfair convictions may occur. Proof is going to be difficult, unless the law is going to move to the guilty until proven innocent principle.
Those conservatives who see the law as some sort of neutral mechanism that will deliver “justice,” need to study the way the Left now are putting into place an alternative jurisprudential world view. In principle, if the death penalty existed, condom removalists could be sentenced to death. Does that sound right? And, nothing in the constitution would count against such a law. Capital punishment was legal throughout most of Australia’s history.
“Non-consensually removing a condom during sex — an act known as "stealthing" — is set to be criminalised in South Australia, with those found guilty facing penalties of up to life imprisonment.
Key points:
- Stealthing is removing a condom during sex without the other person's consent
- A bill to criminalise the practice has passed the upper house of South Australia's parliament
- It is set to become law with the government's support
A bill to outlaw the practice, reportedly committed against one in three women, yesterday passed SA parliament's upper house, and is now set to pass the lower house with government support.
SA Best MP Connie Bonaros described stealthing as a "repugnant and disgusting act of betrayal", and said her private member's bill would ensure it was dealt with appropriately by police and the courts.
"It should have been criminalised years ago," Ms Bonaros said in a statement.
"Such grotesque acts of indecency deserve to be treated in the same manner as rape and a crime punishable by terms of imprisonment."
A Monash University study in 2018 found that, of more than 2,000 people surveyed, one in three women, and one in five men who have sex with men, had been victims of stealthing.
Ms Bonaros said it was "more common than most people believe".
"Under the new legislation, the removal of a condom during sex without the consent of the other person will now be a crime punishable by up to life imprisonment," she said.
The amendment to the criminal law consolidation act defines stealthing as having occurred if a "person agrees to engage in the activity because of a misrepresentation (whether express or implied) as to the use of a condom during the activity".
The SA government earlier committed to backing Ms Bonaros's bill, with Attorney-General Kyam Maher describing stealthing as an "insidious practice".
"[This bill will] explicitly make sure that stealthing is covered by our criminal law and people that engage in it can be charged with sexual offences," he said.
"There have been many calls from advocates to criminalise this under state law to make sure we're explicitly ruling this as a crime.
"Other states have moved in this direction — Tasmania and the ACT have already passed laws."
A similar bill was introduced by the former Liberal government last year but it did not pass the lower house before the state election.”
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