Rape Definition in CA to Include “Stealthing”

For immediate release:

Bill Addresses Rape Culture Acts

(Sacramento) – A bill addressing the ongoing threats of rape culture was introduced yesterday at the Planned Parenthood Day of Action Rally in Sacramento. Adding “stealthing” to the definition of rape in California, AB 1033 (Cristina Garcia, D-Bell Gardens) further expands the law on behalf of rape victims. 

“Stealthing” is the nonconsensual, intentional removal or tampering with of a condom during sexual intercourse.  The practice of stealthing isn’t new.  Deeply rooted in centuries of rape culture based on dominance and control, particularly of women by men, stealthing is gaining attention in the media and on the internet by both straight and gay men.  Online communities have arisen where it is defended as a male “right” to “spread his seed” also details advice and support of how to have nonconsensual sex without a condom.

“Stealthing is rape,” said Garcia, who also chair’s the Legislative Women’s Caucus.  “Penetration without consent is rape.”

Current law defines rape as penetration, by a body part of a foreign object, without consent.  When a condom is removed without permission during sex, there is no consent and there is penetration.  In addition to the violation of consent, stealthing exposes victims to sexually transmitted diseases and unwanted pregnancy.  However, California law now does not acknowledge the act of “stealthing”, necessitating AB 1033 to include its practice as a form of rape in state law.

“Stealthing is another sign that some men think they can still own our bodies,” added Garcia.  “I hope all the men out there blogging are paying attention because in California we’re going to lead the nation in ending the “trend” now.”


The 58th Assembly District includes the cities of Montebello, Pico Rivera, Commerce, Bell Gardens, Downey, Norwalk, Bellflower, Cerritos and Artesia.