CONTENT WARNING: This article discusses sexual assault.
As of yesterday Queensland has officially made stealthing illegal. Stealthing — the sneaky act of removing a condom during sex without consent — has finally been recognised as the serious violation it is.
A 2018 Monash University study found that 32 per cent of women and 19 per cent of men who have sex with men reported experiencing stealthing. This new law will hopefully be a huge step forward in the fight for sexual consent rights across Australia.
So, how does the rest of the country stack up on this issue? Let’s break it down state by state.
Australian Capital Territory
Let’s kick things off with the ACT, where they’ve been ahead of the curve. Back in October 2021, the ACT became the first place in Australia to specifically criminalise stealthing. They’ve made it crystal clear — if you remove a condom without your partner’s consent, you’re breaking the law.
“Stealthing is a traumatic thing for any person to go through and I am very proud that the ACT has passed nation-leading reforms to specifically criminalise this heinous act,” said Elizabeth Lee, leader of the Canberra Liberals, who introduced the legislation.
New South Wales
Next up is New South Wales (NSW), which followed ACT’s lead by making stealthing illegal in 2022. Now considered a form of sexual assault, this move aligns with the broader push for affirmative consent laws that came through in the same year.
Victoria
Victoria is also in the mix, having introduced its own laws against stealthing under the Sexual Offences and Other Matters Act 2022. This legislation explicitly categorises stealthing as a sexual offense, making it clear that consent matters — always. The change added clarity for victims seeking justice.
“This new standard of consent in Victoria shifts the focus away from the victim and towards the accused and what actions they took to confirm consent,” said the state’s former minister for prevention of family violence, Ros Spence, per The Guardian.
Queensland
And here we are with Queensland! As of September 22, 2024, the state has officially made stealthing illegal as part of their new affirmative consent laws.
Attorney-General Shannon Fentiman emphasised that it’s crucial to eliminate any ambiguity around consent. “Stealthing could have been prosecuted under previous laws, but it’s so important to have it explicitly called out,” she said per the ABC. Finally!
These reforms are part of a comprehensive overhaul stemming from the Women’s Safety and Justice Taskforce’s Hear Her Voice report, which included 188 recommendations aimed at improving sexual violence laws. Fentiman noted that “countless brave survivors shared their stories to create this change.”
South Australia and Tasmania
South Australia and Tasmania are also following suit. Tasmania introduced legislation in 2022, similar to that of the ACT, clearly stating that consent is void if a partner misrepresents condom use and South Australia did the same in 2023.
Northern Territory
Now let’s talk about the Northern Territory (NT). Currently, if someone has sexual intercourse without the other person’s consent or is reckless about that lack of consent, they can be charged with a sexual offense.
However, consent in NT is defined as a “free and voluntary agreement,” which leaves stealthing in a bit of a legal grey area.
There is a little movement on this front. The NT government is considering reforms that could include criminalising stealthing as part of broader changes to sexual offense laws.
“We need to make sure legislation absolutely calls it out [sexual abuse] for what it is,” NT Attorney-General Chansey Paech stated, per the ABC. However, this was in 2023, so who knows when real change will happen.
Western Australia
Western Australia (WA) is still lagging behind when it comes to specific laws against stealthing. However, it’s worth noting that the WA Law Reform Commission recommended criminalising this act as part of its ongoing review of sexual offense laws this year. There has been no timeframe mentioned for any of the recommended changes to be put in place.
“Although [legislation] might not be the answer to everything, every step we can take to clarify, empower and keep people safe, I think that’s a step in the right direction,” said Perth clinical psychologist Carolyn Bright per the Western Independent.
We may still have some way to go to protect people from stealthing related crimes, as least some progress is being made.
Help is available.
- If you require immediate assistance, please call 000.
- If you’d like to speak to someone about sexual violence, please call the 1800 Respect hotline on 1800 737 732 or chat online.
- Under 25? You can reach Kids Helpline at 1800 55 1800 or chat online.
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