'Rape-Adjacent': Imagining Legal Responses to Nonconsensual Condom Removal

28 Pages Posted: 20 Apr 2017 Last revised: 5 May 2017

Date Written: 2017

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.

Keywords: Feminism, Gender Violence, Sexual Violence, Feminist Law, Gender, Sex Equality

JEL Classification: K00

Suggested Citation

Brodsky, Alexandra, 'Rape-Adjacent': Imagining Legal Responses to Nonconsensual Condom Removal (2017). Columbia Journal of Gender and Law, Vol. 32, No. 2, 2017. Available at SSRN: https://ssrn.com/abstract=2954726

Alexandra Brodsky (Contact Author)

Yale University - Law School ( email )

Register to save articles to
your library

Register

Paper statistics

Downloads
13,754
rank
225
Abstract Views
102,195
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information