In recent years, there have been quite a few general warnings about cases of increasing theft, including concealing and deleting condoms during sexual intercourse without the consent or knowledge of the other party. This is a sexual offence with serious physical, psychological and emotional consequences for the victim.
Fortunately, theft is classified as a criminal offence in countries such as Germany, the UK, Switzerland, and Canada.
What is stealing?
Theft, which is converted to “secretly” or “secretly” is the act of removing condoms during sex without the consent of others, making them misleading by believing that they are still being used.
The term was coined by American lawyer Alexandra Brozky. Columbia Journal of Gender and Law. She revealed that the essence of theft lies in the deception ce that violates the consent and trust of other participants and violates sexual autonomy and safety. Brodsky said,
“If someone agrees to a particular sexual act in the use of birth control and you unilaterally change the terms of that contract in that contract, it is a sexual offence.”
Legal requirements for theft as an attack
In Spain, the Madrid provincial court sentenced him to two years in prison for sexual abuse after having sex without a condom, despite agreeing to use the condom. This case was categorized as theft, described as “subtle removal, omission, or failure of condom use during all or part of a sexual encounter, despite the partner being agreed or required as a condition of consent.”
In this case, the woman agreed to the sexual relationship under the condition that condoms were used. By secretly removing it, the man violated her consent, resulting in unconsensual acts that violated her sexual freedom.
To view theft as sexual abuse (or sexual assault under current legal conditions), it must include mutual agreement to use condoms, and one party must remove it without the other’s consent through “deception, concealment, or secret actions.”
Legal consequences of theft
In 2021, California became the first US state to pass a law that committed theft. A small number of states have followed suit since. The remaining states that do not yet have direct laws regarding theft can prosecute it under other laws such as sexual assault or battery.
Additionally, if the perpetrator has a sexually transmitted disease (STI) and intentionally infects his partner by removing the condom, the theft could be charged as an attack.
If you or someone you know experience theft, consult a legal professional to explore your options.
Causes of theft
While this practice is nothing new, it attracted widespread attention in 2021, when influencer Naim Dalech boasted online about deceiving his partner by mistakenly claiming he is barren to avoid using condoms. His reasoning? “I can’t, it’s too difficult with a condom, so I don’t use it. At one point I thought, ‘It’s odd that no one’s pregnant in the last few years.’ ”
This “condom difficulty” is a common excuse, and often comes with statements such as “I don’t feel anything”, “I don’t like it”, “It’s too tight”. These excuses are infuriating as hex-like condoms (the thinnest on the market) are only 0.045 mm thick (as thin as human hair), and there is a risk of pregnancy and severe STI outcomes.
Another motivation for theft is the sense of right to “spread your own species.” A 2017 study by Alexandra Brodsky analysed an online forum that encouraged men to remove condoms without their partner’s consent. The main justification was that ejaculating within a woman is a “natural male right.”
This concept includes the tampering of birth control to cause pregnancy without consent, and the idea of female patriarchy as an object of pleasure for men without autonomy. Theft can be a form of assertion of power, punishment, or humiliation.
The consequences of theft victims
The most obvious outcome is unwanted pregnancy or STI (such as go disease, chlamydia, HIV) with all relevant physical and emotional effects. The victims interviewed by Brodsky reported feeling a deep violation of sexual integrity in relation to fear of these results.
Another deeply damaging consequence is the feeling that it is being infringed.– of their bodies, autonomy, dignity. Many victims need psychotherapy to overcome trauma, especially when acts are performed by trusted friends or stable partners.
How to prevent and deal with theft
Prevention
- Examine the condom before sexual activity to make sure it is intact.
- Check regularly during sex to make sure it’s not deleted.
- If possible, bring your own condom and apply it yourself.
- Consider using women’s condoms that are wider, thinner, prelubricated and provide additional protection against STIs. It can also be inserted several hours before sex and worn until after ejaculation without losing its effectiveness.
What would you do if that happened?
- Please report it immediately. Call emergency services or law enforcement (National Sexual Assault Hotline is available 24 hours a day at +1 (800) 656-4673). They will protect you, provide medical and psychological support, and collect evidence of prosecution.
- Seeking a doctor’s appointment. Request emergency contraception, STI testing and psychological support without reporting an incident.
- Don’t blame yourself. The disorder is entirely in the perpetrator, not you. We seek solidarity from experts and support groups.
Theft is a violation of consent, autonomy and trust. By dealing legally and socially, we can protect victims and hold offenders accountable.
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