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“Rape-Adjacent”: Imagining Legal Responses To Nonconsensual Condom Removal
Abstract
Nonconsensual condom removal during sexual intercourse exposes victims to physical risks of pregnancy and disease and, interviews make clear, is experienced by many as a grave violation of dignity and autonomy. Such condom removal, popularly known as “stealthing,”can be understood to transform consensual sex into nonconsensual sex by one of two theories, one of which poses a risk of over-criminalization by demanding complete transparency about reproductive capacity and sexually transmitted infections. Adopting the alternative, preferable theory of non-consent, this Article considers possible criminal, tort, contract, and civil rights remedies currently available to victims. Ultimately, a new tort for “stealthing” is necessary both to provide victims with a more viable cause of action and to reflect better the harms wrought by nonconsensual condom removal.
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“Sexual coercion might be happening in the context of reproductive coercion in which female victims are manipulated into becoming pregnant by false promises or threats or tricked.”
From Rape and Sexual Coercion Related Pregnancy in the United States (2024) · cites this paper as [7]
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Rape and Sexual Coercion Related Pregnancy in the United States
D'Angelo, D. V., Liu, Y., Basile, K. C., Smith, S. G., Chen, J., Friar, N. W., & Stevens, M. (2024) · American Journal of Preventive Medicine · doi:10.1016/j.amepre.2023.11.001 · Cited by 15
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- Authors
- Brodsky, A.
- Venue
- Columbia University
- Publisher
- Columbia University
- Published
- 2017
- References
- 0
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- Brodsky, A. (2017). “Rape-Adjacent”: Imagining Legal Responses To Nonconsensual Condom Removal. Columbia University. https://doi.org/10.7916/d8708d06
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