Stealthing is set to become criminalised in South Australia.
A form of sexual assault, stealthing refers to non-consensually removing a condom during sex – an act that one in three women have been the victim of, according to a 2018 Monash University study of 2000 people.
In a move that many advocates have been holding their breath for, a bill to outlaw stealthing passed yesterday in SA parliament’s upper house, and is now set to pass the lower house with government support.
SA Best MP Connie Bonaros first introduced the bill to ensure that those found guilty of the “repugnant and disgusting act of betrayal” would face criminal punishment in line with the actions of rape.
She said stealthing is “more common than most people believe.”
The new legislation will make anyone found guilty of the crime of stealthing to face a punishment of up to life in prison.
“It should have been criminalised years ago,” said Bonaros.
“Such grotesque acts of indecency deserve to be treated in the same manner as rape and a crime punishable by terms of imprisonment.”
As for the public opinion of stealthing, The Australia Institute’s research found that although as few as 15 per cent of Australians are familiar with the term, 81 per cent of people supported its criminalisation once they understood what the act entails.
The research report also notes the impact this form of sexual assault can have on victims, stating: “Stealthing puts individuals at risk of unintended pregnancy and the transmission of sexually transmitted infections. Survivors of stealthing may also experience psychological trauma and feelings of guilt and shame.”
There are now five jurisdictions in Australia that have criminalised stealthing and many advocates such as the Director of the Australia Institute’s Center for Sex and Gender Equality, Chanel Contos, are calling on the remaining three– Queensland, Western Australia and the Northern Territory– to do the same.
That's now 5 jurisdictions in Australia that have criminalised the act, and there are 3 left to do so.
QLD we are looking to you next ! Very happy that @ShannonFentiman is all across this issue and that we have federal support for unified laws from @MarkDreyfusKCMP !— Chanel Contos (@Chanelcontos) November 2, 2022
Having the law recognise stealthing as a criminal act will help to ensure that people engaging in the activity can be charged with sexual offences.
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 committed to backing Bonaros’s bill early on and Attorney-General Kyam Maher echoes Bonaros’s concerns, calling stealthing an “insidious practice” that many advocates have been calling “to criminalise under state law to make sure we’re explicitly ruling this as a crime.”