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ARTICLE · 24 NOVEMBER 2021

Stealthing and Affirmative Consent

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What is stealthing? What is affirmative consent? The law regarding sexual offences is constantly evolving.

AustraliaCriminal Law
Josh Harris
Josh Harris
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Amendments will be introduced in Victoria in 2022 that make 'stealthing' explicitly a crime and introduce 'affirmative consent'. These amendments were recommended by the Victorian Law Reform Commission. The VLRC's report, 'the Justice System Response to Sexual Offences', found that sexual violence is widespread, causes serious harm and is significantly under-reported. AG Jaclyn Symes announced the upcoming amendments to the Crimes Act 1958 (Vic) as a response to the VLRC's report and noted further amendments may be made.

Stealthing

'Stealthing' is the non-consensual removal of a condom during sex.

While stealthing is already technically illegal in Victoria, it is not specifically articulated in a way that the Courts can easily apply.

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