Legal requirements for condom use in Australia

This article discusses sexual assault and rape, specifically focusing on stealthing—the non-consensual removal or damage of a condom during sex. Despite being criminalised in most parts of Australia, stealthing remains poorly understood.

Experts say many people are unaware of what stealthing involves or whether it is illegal. Online forums such as Reddit have sparked discussions with threads like “Stealthing — has it happened to you?” and “How do I prevent men from trying without a condom?”

Stealthing violates consent and increases the risk of unwanted pregnancy and sexually transmitted infections (STIs). In recent years, Australia has criminalised stealthing in most jurisdictions, with the Australian Capital Territory (ACT) leading in 2021, followed by Tasmania, NSW, Queensland, South Australia, and Victoria. Similar reviews are underway in Western Australia and the Northern Territory.

Dr. Brianna Chesser, an associate professor of criminology at RMIT University, explained that stealthing affects both men and women, heterosexual and homosexual individuals, and that sex workers are particularly at risk. Earlier this year, a man in the ACT Supreme Court was convicted of rape after removing a condom during an encounter with a sex worker and was sentenced to two years in prison.

Vijay Ramanathan, senior lecturer at the University of Sydney and psychosexual therapist, said stealthing often stems from entitlement or apathy rather than intent to harm. He emphasized that myths about condom use and misunderstandings about consent need to be addressed through education.

A 2023 Tinder and YouGov Consent Study of over 2,000 dating app users (ages 18–40) found that 25% of Gen Z and millennial respondents either mistakenly believed stealthing was consensual or were unsure of its legality. In response, Tinder launched a consent education course in Australia with sexual consent activist Chanel Contos and the Women’s Services Network.

Stealthing has both physical and emotional consequences. Physically, it increases the risk of STIs and unplanned pregnancy. Emotionally, it can cause trauma, breach of trust, and long-term difficulties in forming intimate relationships. Experts stress that sex should be mutually respectful, and any non-consensual act constitutes an assault.

For those affected by sexual assault, support is available through 1800RESPECT (call 1800 737 732 or text 0458 737 732, or visit 1800RESPECT.org.au). For mental health support, contact Beyond Blue at 1300 22 4636 or visit beyondblue.org.au. Multicultural support is available via Embrace Multicultural Mental Health.

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