MANILA – The non-consensual removal of a condom during a sexual intercourse – provided that there was a consensual agreement to use the contraceptive – could be considered a sexual assault if a pending House of Representatives bill will pass into law.
Ako Bicol party-list Rep. Alfredo Garbin and Elizaldy Co recently filed House Bill 3957, which moved to refine the description of sexual assault done through the act of “stealthing” which, according to them, was not expressly stated in the Revised Penal Code or in the Anti-Rape Law of 1997.
“Stealthing” occurs when a person makes his or her partner believe that he or she had used or is currently using a protective device, causing his or her partner to consent to sexual activity, when in fact, such a person was not using or did not use any contraceptive device.
Also considered “stealthing” during a sexual activity are: removing any protective device without the consent of the partner, tampering or damaging any protective device, or intentionally infecting or impregnating the sexual partner through the said acts.
The first three acts would still be considered “stealthing” even after the discovery of the sexual partner or even if a protective device was subsequently used during the sexual activity.
“Even if the victim is not a woman, the victim can avail of protection and remedies provided by the law on rape and sexual assault,” Garbin said.
“This would enable any person regardless of sexual orientation, gender identification or expression to file sexual assault charges against the male who violated them,” he added.
Those who will be found guilty of “stealthing” shall face jail time of 12 years and one day to 14 years and eight months, and a fine of not less than P100,000 but not more than P500,000.
If the victim was infected with a sexually transmitted disease or was impregnated, the penalty to be imposed on the violator would be jail time of 17 years and four months to 20 years, and a fine of not less than P200,000 but not more than P700,000.
If violators intentionally infects or impregnates their partners through “stealthing,” the penalty would be jail time of 20 years and one day to 40 years, and a fine of not less than P1-million but not more than P5-million.
Moreover, if the victim withdraws consent after knowing that an act of “stealthing” was committed, yet the violator continued with the sexual act, the latter would be liable for rape.
“We hoped that if this measure becomes a law, it would lead to fewer cases of sexual assault involving sexually-transmitted diseases and help in the war against human immunodeficiency virus/acquired immunodeficiency syndrome,” said Garbin./PN
