‘Stealthing’ is finally illegal in Queensland, Australia

Queensland, Australia has enacted “stealthing” laws. This means the non-consensual removal of a condom during sex is now finally illegal in the state.

Under the state’s new stealthing laws, the act is now classified as rape in Queensland. This brings the state’s stealthing laws in line with New South Wales, Victoria, Australian Capital Territory (ACT), South Australia, and Tasmania, where stealthing is also illegal. 

The act of stealthing can carry a maximum penalty of life imprisonment in Queensland.

A 2018 study from Monash University, Melbourne, found that one in three women and one in five men who had sex with men were subjected to stealthing, with reports suggesting that the act is “rampant” in the LGBTQ+ community. In 2019, a surgeon was cleared to return to work after being charged for the act. 

What is ‘stealthing’?

Stealthing is where a sexual partner removes a condom during sex, without the other person’s knowledge and therefore, without their consent. 

The act can subject victims to both physical and psychological harm, including STIs and HIV, unplanned pregnancies, and mental health conditions including anxiety and depression. 

The ACT was the first state to criminalise the act in October 2021, with fellow states following in the footsteps of creating similar laws to protect people from stealthing.

What are Queensland’s new sexual consent laws?

The changes to laws in Queensland include making stealthing illegal, and the affirmative consent model which is part of the state and government’s aim to tackle sexual and gender-based violence. 

Under this model, laws in the state require people to give and receive “free and voluntary agreement to participate in a sexual activity” by someone “with the cognitive capacity to give it”. 

The legislation also now recognises coercive control as a criminal offence, which is a form of psychological abuse commonly seen in intimate partner homicides. The State Government in Australia said the abuse is “designed to harm, punish or frighten” victims. It carries a penalty of up to 14 years imprisonment. 

If this story has affected you, call 1800RESPECT on 1800 737732 for free information, counselling and support for those impacted by domestic, family or sexual violence.

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