Stealthing – karalność zdjęcia prezerwatywy bez wiedzy partnerki
Stealthing: criminal liability for non-consensual condom removal

Summary/Abstract: Condom removal without a sexual partner’s knowledge and consent, commonly known as ‘stealthing’, differs from a typical rape in that the partner consents to the intercourse, but only with protection. The aim of this paper is to establish whether stealthing fulfils the elements of rape by deception pursuant to Article 197(1) of the Polish Criminal Code. After conducting legal-dogmatic research, the author came to the following conclusion: agreement to have sexual intercourse with a condom does not encompass consent to intercourse without a condom, as it as an act of a different nature than protected intercourse. This view is justified as follows: a condom constitutes a physical barrier against intimacy; the partners might be in different mental states during the intercourse, due to the increased risk of pregnancy and sexually transmitted diseases; and finally, condom usage is a material prerequisite for intercourse for a significant proportion of the general public. The author concludes that stealthing amounts to rape by deception under Polish criminal law.

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