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

Citation data:

Columbia Journal of Gender and Law, Vol. 32, No. 2, 2017

Publication Year:
Usage 107794
Abstract Views 94859
Downloads 12923
Clicks 12
Captures 27
Readers 25
Exports-Saves 2
Mentions 200
News Mentions 197
Blog Mentions 3
Social Media 1325
Shares, Likes & Comments 1135
Tweets 190
Brodsky, Alexandra
Feminism; Gender Violence; Sexual Violence; Feminist Law; Gender; Sex Equality
Most Recent Tweet View All Tweets
Most Recent Blog Mention
Most Recent News Mention
paper description
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.