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Stealthing, or the non-consensual removal of a condom during sex, is a form of sexual assault that has gained notoriety in recent years. While there is still legal ambiguity surrounding stealthing in Australia, some states have introduced legislation to criminalise the act. This paragraph will explore the legality of stealthing in Australia and discuss the impact of these laws.
| Characteristics | Values |
|---|---|
| Stealthing illegality | Illegal in the Australian Capital Territory (ACT), Tasmania, NSW, Victoria and South Australia |
| First jurisdiction to criminalise stealthing | ACT in 2021 |
| Legislation | Crimes (Stealthing) Amendment Act 2021 |
| Section added to Crimes Act 1900 | 67(1)(j) |
| Section description | An individual does not provide free and voluntary consent if they "participated in the act because of an intentional misrepresentation by another person about the use of a condom" |
| Other states with reviews in progress | Queensland, Western Australia, and South Australia |
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What You'll Learn
Stealthing is illegal in the Australian Capital Territory
Stealthing, or the non-consensual removal of a condom during sex, is illegal in the Australian Capital Territory (ACT). The ACT was the first jurisdiction in Australia to criminalise stealthing, introducing the Crimes (Stealthing) Amendment Act in 2021. This legislation amended the ACT's Crimes Act to make it illegal to remove a condom during sex or not use a condom when it was previously agreed upon.
The Act also added Section 67(1)(j) to the Crimes Act 1900, which states that an individual does not provide free and voluntary consent if they "participated in the act because of an intentional misrepresentation by another person about the use of a condom." This means that if an individual removes or does not use a condom during sex without the consent of their partner, they are committing a criminal offence.
The legislation was introduced to provide clarity in the law and send a clear message to the community that stealthing is unacceptable and a crime. It recognises the harm caused by stealthing to the physical and psychological well-being of survivors, who may experience increased risk of unwanted pregnancy, STI transmission, and psychological trauma.
While the ACT was the first jurisdiction to specifically outlaw stealthing, other Australian states have since followed suit. Tasmania, NSW, and Victoria have all introduced legislation criminalising stealthing, and it is expected that more states will continue to do so in the future.
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Queensland has not made stealthing explicitly illegal
Stealthing is the non-consensual removal of a condom during sex without the knowledge of the other person. It gained notoriety in recent years, and there has been much debate over whether it is included under existing sex crimes laws or if it needs to be specifically written into law. Some argue that stealthing falls under the existing law stating that a person does not consent to sex if they are mistaken about the "nature of the act". However, legal experts argue that in cases of stealthing, the sexual nature of the act is understood, but the condition placed on the consent—condom use—is not agreed upon.
The Australian Capital Territory (ACT) was the first jurisdiction in Australia to criminalise stealthing in 2021 through the Crimes (Stealthing) Amendment Act 2021. The ACT parliament added Section 67(1)(j) to the Crimes Act 1900, stating that an individual does not provide free and voluntary consent if they "participated in the act because of an intentional misrepresentation by another person about the use of a condom". Following the ACT, Tasmania, NSW, and Victoria implemented legislation criminalising stealthing in 2022. The most recent state to criminalise stealthing is South Australia, which introduced amendments to include stealthing as a type of sexual assault in 2023.
Western Australia has also not made stealthing a criminal offence. In February 2022, the WA Attorney General tasked the Law Reform Commission of Western Australia with conducting a review of the existing sexual assault laws and the legal definition of consent. The review will consider whether it is necessary to adopt an affirmative model of consent within state legislation.
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Stealthing is a criminal offence in Victoria
Stealthing, or the non-consensual removal of a condom during sex, is a criminal offence in Victoria, Australia. The Victorian government changed the existing laws around consent in July 2023, adopting an affirmative consent model. This means that if someone wants to engage in a sexual act with another person, they must actively gain consent rather than rely on the other person to give it.
The Victorian Justice Legislation Amendment (Sexual Offences and Other Matters) Bill 2022 introduced a preliminary amendment regarding the use, removal, or tampering of condoms. This Bill also contains proposed amendments to Section 36 of the Crimes Act 1958, inserting additional terms to reflect that tampering with a condom or failing to wear one when it was agreed that one would be worn is a breach of consent.
In Victoria, sexual consent is not given if there is an intentional misrepresentation about the use of a condom. This is in line with the model adopted in the Australian Capital Territory (ACT), which was the first jurisdiction in Australia to criminalise stealthing in 2021. Tasmania, New South Wales (NSW), and Victoria followed suit in 2022, implementing legislation that criminalised stealthing.
Stealthing has gained notoriety in recent years, but there is still legal ambiguity surrounding it in Australia. Most states in Australia require consent to be explicitly communicated at each stage and for each sexual act. This is to protect those who may not have the ability to verbally or physically oppose sexual actions as they are happening or may freeze in traumatic situations.
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Stealthing is the non-consensual removal of a condom during sex
Stealthing, or the non-consensual removal of a condom during sex, is a form of sexual assault that has gained notoriety in recent years. It increases the risk of unwanted pregnancy and STI transmission and can cause psychological trauma to survivors. While there is still legal ambiguity surrounding stealthing in Australia, some states have introduced legislation to criminalise the act.
The Australian Capital Territory (ACT) was the first jurisdiction in Australia to criminalise stealthing in 2021 through the Crimes (Stealthing) Amendment Act 2021. This Act makes it illegal to remove a condom during sex or not wear one unless it was previously agreed upon. The ACT parliament added a section to the Crimes Act 1900, stating that an individual does not provide free and voluntary consent if they "participated in the act because of an intentional misrepresentation by another person about the use of a condom."
Following the ACT's lead, Tasmania, New South Wales (NSW), and Victoria have also implemented legislation criminalising stealthing. In NSW, sexual assault without consent carries a potential penalty of 14 years in prison. Victoria has also changed its laws around consent, adopting an affirmative consent model. This means that if someone wants to engage in a sexual act with another person, they must actively gain consent rather than rely on the other person to give it.
While Queensland has not made stealthing explicitly illegal, a recent review of sexual assault legislation in the state has recommended criminalising it. Similar reviews are in progress in South Australia and Western Australia.
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Stealthing is a form of reproductive coercion
Stealthing involves the non-consensual removal of a condom during sex without the knowledge of the other person. This not only violates consent but also increases the risk of unwanted pregnancy and STI transmission. Survivors of stealthing may experience psychological trauma similar to that experienced by survivors of other forms of sexual assault.
In Australia, there has been much debate over whether stealthing is included under existing sex crimes laws or if it needs to be specifically addressed in legislation. Some argue that stealthing falls under the existing law stating that a person does not consent to sex if they are mistaken about the "nature of the act". However, legal experts counter that in cases of stealthing, the sexual nature of the act is understood, but the condition of condom use placed on the consent is not agreed upon.
As of 2025, stealthing has been criminalised in four Australian jurisdictions: the Australian Capital Territory (ACT), Tasmania, New South Wales (NSW), and Victoria. The ACT was the first jurisdiction in Australia to outlaw stealthing in 2021 through the Crimes (Stealthing) Amendment Act 2021. This Act made it illegal to remove or not wear a condom during sex unless it was previously agreed upon. The legislation also clarified that an individual does not provide free and voluntary consent if they "participated in the act because of an intentional misrepresentation by another person about the use of a condom."
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Frequently asked questions
Stealthing is illegal in the Australian Capital Territory, Tasmania, NSW, and Victoria. Queensland has not made stealthing explicitly illegal, and Western Australia does not consider stealthing a criminal offence.
Stealthing is the intentional non-use, removal, or tampering of a condom without consent.
Stealthing is illegal because it violates consent and increases the risk of unwanted pregnancy and STI transmission. Stealthing is also considered a form of reproductive coercion, which is any behaviour that interferes with an individual's right to make choices about their sexual and reproductive health.
In NSW, sexual assault without consent carries a potential penalty of 14 years imprisonment. However, there is no legal precedent in Australia as no one has taken a case of this nature to the courts.
