FACT CHECK: Is It Illegal To Remove A Condom After Sex Without A Partner’s Consent In California?
A post shared on Facebook claims it is illegal to take off a condom after sex without partner’s permission in California.
It is not illegal to remove a condom after sex without a partner’s consent in California. The state’s law says it is illegal to take off a condom during – not after – sex without the partner’s permission.
Democratic Gov. Gavin Newsom on Oct. 7 signed a bill, introduced by Assemblymember Cristina Garcia, that banned the removal of a condom during sex without the partner’s permission, an act otherwise known as stealthing, according to BBC News. California is the first state to make stealthing illegal, the outlet reported.
Since the passage of the law, social media users have been sharing a claim that the law actually bans the removal of a condom after sexual intercourse without a partner’s consent. One such Facebook post reads, “California, it is now illegal for a man to remove his condom after sex WITHOUT his love partner’s permission.”
That is, however, an inaccurate read of the law. Check Your Fact reviewed the bill, AB 453, in its entirety and found no mention of removing a condom after sex. A wider internet search turned up no media outlets reporting on such an inclusion in the legislation.
Founder and president of Dordulian Law Group Samuel Dordulian confirmed to Check Your Fact in an email that the claim was inaccurate.
“The claim is false,” Dordulian said. “If you read the statute, it makes it illegal to cause ‘contact’ with a sexual organ, from which a condom has been removed, and an intimate part of another. Removing the condom after sexual intercourse will no longer cause ‘contact’ and thus is not be covered by Civil Code1708,5 (California’s new Stealthing law).”
Ashley Labar, Garcia’s chief of staff, also told Check Your Fact the claim was false in an email. (RELATED: Viral Post Claims California Is Registering 3 Million Noncitizens To Vote)
“This law has nothing to do with what happens once the sexual act is over,” Labar said. “This law applies to sexual organs touching after non-consensual condom removal, during intercourse.”
The law does not make stealthing a crime, but does allow individuals to sue alleged perpetrators in civil court, according to NPR.