The vile act of stealthing – to deliberately remove a condom before or during sex without the other person’s consent – has been explicitly criminalised in South Australia.

Laws that passed State Parliament last year, which were first introduced by Connie Bonaros MLC, have now come into effect, marking a significant step forward for South Australia’s sexual assault laws.

The reforms also include changes to allow new opportunities to address the role of consent in sexual assault cases, by allowing expert evidence around misconceptions involving non-consensual sexual activity and expanding the types of directions given to the jury when consent is an issue.

Quotes

Attributable to Kyam Maher

Stealthing is an utterly unacceptable abhorrent act that has no place in our society.

These laws make it absolutely clear that stealthing is an illegal act, which will help send a strong message that our society will not tolerate this – or any other – form of sexual assault.

The reforms we have made to expert evidence and jury directions in sexual assault cases are also an important step forward that modernise the laws and help ensure juries have an understanding of the issues they need to consider in these matters.

I would like to pay special tribute to Chanel Contos as the Founder of the Teach Us Consent Campaign who has long pushed for this clarity in legislation, and to thank the Hon Connie Bonaros MLC for her longstanding support and advocacy in this area, and for bringing the bill to Parliament.

Attributable to Connie Bonaros MLC

South Australia has become one of only a handful of jurisdictions around the world to criminalise this repugnant and disgusting act of betrayal.

Stealthing is more common than most people believe, with a recent study revealing one in three women and one in five men who had sex with men had been the victim of stealthing – that’s a shocking statistic!

Such grotesque acts of indecency is now treated in the same manner as rape and is punishable by up to life imprisonment.

I applaud the State Government – in particular the Attorney General Kyam Maher - for ensuring such important legislation is now in place.

Attributable to Founder and CEO of Teach Us Consent Chanel Contos

Explicitly outlawing stealthing is an important way to set community standards about what behaviours are not acceptable.

Aside from obvious risks such as increased risk of STI transmission and unwanted pregnancy, there are physiological effects as a result of having your bodily autonomy disregarded.

Stealthing is a very intricate form of sexual violence because by definition, in order for you to be stealthed, you must have consented to protected sex with the person. This intimate relationship with the perpetrator heightens all of the barriers to reporting.

It’s great to see South Australia implement this legislation.

Stealthing is a crime that occurs when sexual entitlement outweighs empathy. Sexual entitlement can be counteracted with cultural change, and that’s what this law will contribute to.

I hope that we see unified laws around Australia in this space to increase public education about the intricacies of consent.

I thank the Hon Connie Bonaros and the Attorney-General Kyam Maher for their leadership in this space.