Non-consensually removing a condom during sex — an act known as "stealthing" — is set to be criminalised in South Australia, with those found guilty facing penalties of up to life imprisonment.
A bill to outlaw the practice, reportedly committed against one in three women, yesterday passed SA parliament's upper house, and is now set to pass the lower house with government support.
SA Best MP Connie Bonaros described stealthing as a "repugnant and disgusting act of betrayal", and said her private member's bill would ensure it was dealt with appropriately by police and the courts.
"It should have been criminalised years ago," Ms Bonaros said in a statement.
"Such grotesque acts of indecency deserve to be treated in the same manner as rape and a crime punishable by terms of imprisonment."
A Monash University study in 2018 found that, of more than 2,000 people surveyed, one in three women, and one in five men who have sex with men, had been victims of stealthing.
Ms Bonaros said it was "more common than most people believe".
"Under the new legislation, the removal of a condom during sex without the consent of the other person will now be a crime punishable by up to life imprisonment," she said.
The amendment to the criminal law consolidation act defines stealthing as having occurred if a "person agrees to engage in the activity because of a misrepresentation (whether express or implied) as to the use of a condom during the activity".
The SA government earlier committed to backing Ms Bonaros's bill, with Attorney-General Kyam Maher describing stealthing as an "insidious practice".
"[This bill will] explicitly make sure that stealthing is covered by our criminal law and people that engage in it can be charged with sexual offences," he said.
"There have been many calls from advocates to criminalise this under state law to make sure we're explicitly ruling this as a crime.
"Other states have moved in this direction — Tasmania and the ACT have already passed laws."
A similar bill was introduced by the former Liberal government last year but it did not pass the lower house before the state election.
