The act of secretly removing a condom during sex, known as “stealthing”, will be legally considered rape and criminalised under new QLD laws. Image: cottonbro studio via Pexels
The act of removing a condom during sex without consent, colloquially known as “stealthing”, will be legally considered rape and punishable by a maximum penalty of life in prison under new laws introduced in Queensland parliament.
The newly introduced affirmative consent model requires free and voluntary agreement between parties to participate in a sexual activity.
Experts and advocates for victims of sexual violence have welcomed the affirmative consent laws, saying that the new model helps bring legislation in line with the reality of sexual assault.
The changes will also enable judges to inform juries of common misconceptions regarding sexual assault.
The affirmative consent model was one of 188 recommendations made last year by Queensland’s Women’s Safety and Justice Taskforce.
One report published by the taskforce urged Queensland to move “to an affirmative model of consent to better reflect community expectations of equality and mutual respect in consensual sexual relationships and to drive change in the way sexual offences are prosecuted and defended”.
“A person who practises ‘stealthing’ has changed the nature of the sexual act for which consent was given, is acting without consent, and should be prosecuted for the offence of rape,” it said.
Legislation making stealthing illegal already exists in Tasmania, New South Wales, Victoria, South Australia and the ACT.
Angela Lynch, secretariat of the Queensland Sexual Assault Network, welcomed the changes, which she believed were long-overdue.
“Currently, Queensland has some of the worst sexual violence laws in Australia and updating these laws will make a significant difference to victims of sexual violence who are wanting to take action in the courts in the future,” said Lynch.
“This is something that has been called on for years, if not for decades,” she said.
“It will rebalance the scales in terms of victims of sexual violence.”
New domestic violence laws will also be introduced to criminalise coercive control—that is, a pattern of behaviour which can include mental and financial abuse, intimidation, isolation, cyberstalking and sexual coercion—with a maximum penalty of 14 years in jail.
The legislation is expected to come into effect in 2025.
