Criminalising Stealthing: Lessons From the UK and Australia
| Published date | 01 December 2024 |
| DOI | http://doi.org/10.1177/00220183241274917 |
| Author | Brianna Chesser,Amanda Clough-Ricci |
| Date | 01 December 2024 |
Criminalising Stealthing: Lessons
From the UK and Australia
Brianna Chesser
Royal Melbourne Institute of Technology, RMIT University, Melbourne, AU-VIC, Australia
Amanda Clough-Ricci
Northumbria School of Law, Northumbria University, Newcastle, UK
Abstract
The boundaries of sexual offences and the many facets of consent have provided somewhat of
a legal conundrum, especially in the 21st century. Correctly identifying and labelling the various
offences, alongside discussions around consent and deception, has had particular significance.
The focal research question this article will consider is the concept of stealthing –a term used
to describe non-consensual condom removal during sexual intercourse, how the criminal law
should deal with such behaviour and the legal ramifications of this. We examine the utility of
the current statutory frameworks and suggest avenues that extend beyond the criminalisation
of this behaviour, focussing on both the UK and Australian territories in comparative analysis.
An ideal and novel legal approach to addressing this non-consensual form of sexual behaviour
is suggested.
Keywords
stealthing, sexual offences, rape, consent
Introduction
What constitutes harmful sexual activity depends greatly on the norms shaped by cultural and his-
torical context. As perceptions regarding sexual conduct have evolved, society has responded by
ensuring the law codifies and reflects these changing standards.
1
A focus on bodily autonomy and
deception rather than force and violence has been a welcomed change in many jurisdictions.
Conversations around the parameters and limits of consent have been of particular interest, as
Corresponding author:
Amanda Clough-Ricci, Northumbria School of Law, Northumbria University, City Campus East 1, Newcastle Upon Tyne, UK.
E-mail: a.clough@northumbria.ac.uk
1. James Roffee, ‘When Yes Actually Means Yes: Confusing Messages and Criminalising Consent’in Anastasia Powell, Nicola
Henry and Asher Flynn (eds), Rape Justice (Palgrave Macmillan) 72, 74.
Article
The Journal of Criminal Law
2024, Vol. 88(5-6) 307–318
© The Author(s) 2024
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/00220183241274917
journals.sagepub.com/home/clj
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