Switzerland Court Determined 'Stealthing' Is Not Rape

The court downgraded this man's charges.
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Updated Wednesday, May 10: An appeals court in Switzerland upheld a ruling against a man convicted of stealthing, but they downgraded his charge from rape to defilement, Broadly reports. A man whose name has not been released was convicted of rape in January after he reportedly removed a condom during sex without his partner's consent. When that conviction was appealed, however, the Cantonal Court of Vaud determined he was still guilty, but of defilement instead of rape. This ruling could influence future cases as to what does or does not constitute rape, according to Broadly.

Previously:

A new study documents the rise of a particularly disturbing sex trend called "stealthing," which is when a man removes a condom during sex without his partner's consent. The Huffington Post reports that this study, conducted by Alexandra Brodsky for the Columbia Journal of Gender and Law, contains interviews with victims of this method, as well as an investigation into the corners of the Internet that encourage men to do this to their partners.

Brodsky explained to The Huffington Post that she began the study after realizing that several of her friends were "struggling with forms of mistreatment by sexual partners." The victims in her research all felt violated after having been "stealthed," but many were unsure how to report such behavior or whether it constituted rape. One particular victim in her study described being "stealthed" as "rape-adjacent."

Incidentally, a man in Switzerland was convicted of rape earlier this year for removing his condom mid-intercourse without the consent of his partner. Dr. Sinead Ring of the University of Kent explained to Broadly that this type of act violates "conditional consent," meaning just because someone consents to sex with a condom does not mean they are consenting to sex without a condom. It is so important to know that consent is not a one-time transaction; enthusiastic consent should be clear throughout every step of a sexual encounter.

What's even more disturbing is the fact that "stealthing" is widely discussed online in some Internet circles, and, as Brodsky learned through her research, some men actually encourage one another to practice this behavior. According to the study, there are men who believe they are entitled to "[spread] their seed" and see "stealthing" as a tactic that is within their rights. Brodsky notes that there are message boards online where men give one another "tips" for removing condoms during sex without their partner's knowledge. "Proponents of ‘stealthing’ root their support in an ideology of male supremacy in which violence is a man’s natural right," she added.

Brodsky explained that she hopes to provide people with the tools they need to talk about sexual violence more openly and to seek help when they need it. She explained, "One of my goals with the article, and in proposing a new statute, is to provide a vocabulary and create ways for people to talk about what is a really common experience that just is too often dismissed as just 'bad sex' instead of 'violence.'" The bottom line is that you should never be forced to do something that makes you uncomfortable, and no one should ever make you feel as though you don't have agency or control of your own body.

If you or someone you know has been sexually assaulted, you can seek help by calling the National Sexual Assault Hotline at 800-656-HOPE (4673). For more resources on sexual assault, visit RAINN, End Rape on Campus, Know Your IX, and the National Sexual Violence Resource Center.

Related: Everything You Need to Know About Consent That You Never Learned in Sex Ed

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