On May 16, 2017, California assembly woman, Christina Garcia, introduced another ill-conceived “rape law” to target men. https://a58.asmdc.org/press-releases/rape-definition-ca-include-stealthing. This expands the ever growing definition of rape to include the alleged practice of “stealthing”:
“Stealthing” is the nonconsensual, intentional removal or tampering with of a condom during sexual intercourse. The practice of stealthing isn’t new. Deeply rooted in centuries of rape culture based on dominance and control, particularly of women by men, stealthing is gaining attention in the media and on the internet by both straight and gay men. Online communities have arisen where it is defended as a male “right” to “spread his seed” also details advice and support of how to have nonconsensual sex without a condom
This biased new “rape law” is problematic for several reasons: (1) it does not address the fact that women often tamper with birth control and condoms to get pregnant on purpose; (2) it is extremely difficult to prove whether someone tampered with a condom or simply used a broken or expired condom by accident; (3) it opens the door for false allegations and criminal prosecution by women who have accidentally gotten pregnant and want to blame the man; (4) it is unconstitutional on its face as it clearly directed at men but says nothing about a woman’s tampering of birth control.
The myth that we are living under centuries of male dominated “rape culture” is an absurd premise that foments unnecessary hysteria and takes advantage of people’s fears. California’s “rape” and “sexual assault” laws have been amended so many times in recent years that the act of sex is becoming a legal liability rather than an act of love of procreation. (See my other post – Men will face a minimum of 3 years in state prison for sex with a drunk woman: http://menslaws.com/index.php/2016/08/31/new-california-rape-law/).
If this new law passes, which history tells us likely will with a democratically led legislature and Gov. Jerry Brown who has rubber stamped every rape proposal put through this congress by foaming at the mouth radical feminists (and men who are too afraid as politicians to vote against them), even the act of using a condom during sex becomes a legal liability. What if the condom breaks or accidentally slips off during sex? How do you prove in a criminal court of law whether someone was actually intentionally interfering with a condom besides just taking the word of a woman who wants to bring this accusation against her male partner?
As time has shown, California continues to lead the nation with nonsensical and reactionary “rape” and “sexual assault” laws and proposals which target men and do nothing to crack down on the problem of false allegations and unjust one-sided criminal prosecution in “he said, she said” cases. Assembly woman Cristina Garcia has a track record for introducing ill-conceived poorly thought through amendments to rape laws in California and recently introduced a law that put any form of an alleged non-consensual act on the same footing as “rape” to be punished in the harshest form. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB701
If you live in California, I encourage you to write to your local legislator to encourage them to vote against this insane new proposal.