California passes bill AB 453 making it illegal to remove condoms without consent
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Back in 2017, Democratic Assemblywoman Cristina Garcia wanted to make it a crime in after a Yale University study that year said acts of stealthing were increasing against both women and gay men.
Gov. Gavin Newsom signed a bill into law Thursday making California the first to prohibit “stealthing,” or removing a condom without permission during intercourse.
Existing law provides that a person commits a sexual battery who, among other things, acts with the intent to cause a harmful or offensive contact, as defined, with an intimate part, as defined, of another that directly or indirectly results in a sexually offensive contact with that person. The law makes a person who commits a sexual battery pursuant to those provisions liable for damages and equitable relief.
This bill AB 453 would additionally provide that a person commits a sexual battery who causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed. The bill would also specify that a person commits a sexual battery who causes contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent.
The Erotic Service Providers Legal Educational Research Project was in full support of the bill and said it could allow sex workers to sue clients who remove condoms.
Democratic Assemblywoman Cristina Garcia said, “Rape is rape,” she said. “And a marriage license is not an excuse for committing one of society’s most violent and sadistic crimes.”
Newsom also approved extending the statute of limitations for victims to file civil claims if they were sexually assaulted by law enforcement officers who were on duty, in uniform, or armed at the time.
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