Young women and gay men, and women on seasonal work visas, report stealthing in Tasmania

Sexually transmitted infections and unwanted pregnancies can be the very real consequences of stealthing, which occurs when a person chooses to remove or damage a condom before having sex with a consenting partner.

The choice of individuals to have sex with or without a condom will be highlighted by a new stealthing law discussed in the latest submissions to the Criminal Code Amendment Bill 2022.

This law would criminalise the act of someone not using a condom or removing or tampering with a condom, before or during sex, when their partner has expressly stated that a condom must be used.

In its submission on the Bill, TasCOSS said it knew of examples where young women and young gay men had experienced stealthing in their relationships.

"Anecdotal evidence from our member organisations [also] suggests that stealthing is a crime often perpetrated against women on seasonal work visas in Tasmania, who may have low levels of literacy and/or understanding of Tasmanian laws, systems and services."

Women's Legal Centre of Tasmania chief executive Yvette Cehtel said women have complained to Tasmania Police about stealthing, but have been turned away due to a lack of adequate law in this area.

Ms Cehtel said if the courts were left to determine stealthing under current laws, "no progress would be made in successfully prosecuting this type of offending".

"What you have agreed to is sex with a condom, you haven't agreed to unprotected sex. That is a very different thing to consent to because it comes with a range of risks," she said.

READ MORE: Jack Riewoldt ready for the Hillcrest tribute match in Devonport

"It is not up to one person to choose...it is for both parties to have a conversation."

Ms Cehtel said the laws would send a strong cultural message, especially to young people, that conversations about what consent looks like are necessary.

She added that stealthing was a violation of the bodily integrity of women and people to make choices about the risks they are exposing themselves to when engaging in sexual activity.

"It is not just about 'do you want to have sex?' It is about understanding what kind of sex is being consented to, and whether that is protected or unprotected."

Engender Equality chief executive Alina Thomas said the laws would have greater impact on young women, or women entering new relationships, where condoms are more likely to be used.

READ MORE: 60-year-old man pleads guilty to disqualified driving

"The law plays a significant role in setting a community standard for what is acceptable and what is not acceptable and hopefully this becomes an accessible standard for everybody across the community."

A submission by Women's Health Tasmania said those that engage in stealthing do so because they are reckless about consent, because it is a form of control, or is a form of sexual aggression, with one study suggesting a link between hostility towards women.

"For women and others who experience stealthing the law reform shines a light on their experience. It can assist them in naming the harm done and provide validation of help-seeking behaviour and interactions with sexual assault support services. It represents a firm commitment by our community and the government to take a stand against sexual assault in all its forms."

Community education about stealthing

Submissions to the Criminal Code Amendment Bill highlighted the need for education and training in this area.

TasCOSS said police, courts and judicial officers would need training around consent, which was currently problematic within these institutions.

"Many of our member organisations continue to express frustration and concern that individuals or agencies, such as the police, the courts or judician officers, may ... lack of nuanced understanding about family and gender-based violence generally," it said.

"Any legislative change must be accompanied by a strong community campaign to raise awareness of the issue of stealthing, its unlawfulness and how the community should respond.

"Information and campaigns should be accessible for all Tasmanians, noting the low levels of digital literacy and/or access in many of our communities, and should also be accessible for a broad range of communities, including culturally and linguistically diverse populations or Tasmanians with a disability/cognitive impairment."

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:

Follow us on Google News: The Examiner