The Hidden Sexual Assault You May Not Know About: Stealthing
Stealthing — non-consensual condom removal — is now treated as sexual assault under South Australian law and in most states in Australia. Learn your rights and how to get confidential legal help.
What Is Stealthing
Stealthing is when a person removes or damages a condom during sex without their partner’s knowledge or consent.
It’s a serious breach of trust and consent — and in South Australia, it’s now recognised as a form of sexual assault.
Someone who consents to protected sex (with a condom) does not automatically consent to unprotected sex. If the other person secretly removes or breaks the condom, that consent no longer exists — making the act unlawful.
(SBS News – “The hidden form of sexual assault you may not know about”)
How the Law in South Australia Sees It
Under the Criminal Law Consolidation Act 1935 (SA), sexual activity without consent is a sexual assault.
Consent must be freely and voluntarily given, and it must apply to each specific sexual act — including whether protection is used.
In 2023, the South Australian Parliament clarified that stealthing (non-consensual condom removal) falls within the definition of sexual assault.
That means a person who commits stealthing in SA can face the same penalties as any other sexual assault offence, including imprisonment.
Key points:
It doesn’t matter whether the act was “otherwise consensual.”
It doesn’t matter whether the condom removal was brief.
If the person didn’t agree to unprotected sex, consent does not exist.
Why Stealthing Is Treated So Seriously
Health risks: It increases the risk of STIs, HIV, and pregnancy.
Emotional harm: Victims often describe feeling violated, anxious, and powerless.
Legal recognition: Courts are increasingly viewing stealthing as a deliberate and degrading act, not a misunderstanding.
Legal experts and advocacy groups have praised South Australia for leading reform and giving victims stronger protection under the law.
If It Happens to You
If you believe you’ve experienced stealthing:
Get medical help immediately. Ask for STI testing, pregnancy prevention, and forensic evidence collection if possible.
Write down what happened. Record dates, times, and any messages or conversations.
Speak to someone you trust. This could be a friend, counsellor, or a sexual assault service such as Yarrow Place (1800 817 421).
Report to police. Stealthing is a criminal offence. You can ask to speak to a specially trained sexual offences officer.
Seek legal advice. Even if you’re unsure about reporting, a lawyer can help you understand your rights and options confidentially.
Update: ACT gives Prison Sentence for “Stealthing”
In June 2025, an ACT man was sentenced to more than two years’ imprisonment after being convicted of a sexual offence, where the agreed sexual activity was conditional on condom use. The court found that removing the condom without consent fundamentally changed the nature of the sexual act and vitiated consent entirely.
The sentencing judge made clear that consent must be “ongoing, informed and respected”, and that breaching an agreed condition — particularly where it exposes another person to physical and psychological harm — amounts to sexual assault, not a misunderstanding or “grey area”.
The decision aligns with broader reforms across Australian jurisdictions recognising stealthing as a form of sexual violence and reinforces that sexual autonomy and safety are legally protected.
Source:
ACT man jailed for more than two years for ‘stealthing’ sex worker
How Our Firm Can Help
At On Your Behalf Law, we can:
Help you understand your legal rights under South Australian law
Support you through police reporting or court processes
Assist with victims-of-crime compensation or protection orders
Provide confidential, trauma-informed advice
You don’t have to handle it alone. We’re here to help — confidentially, compassionately, and on your behalf.
This OYBlog was created with AI assistance based on the following source: SBS News – “The hidden form of sexual assault you may not know about”