What is Stealthing and is it a Sex Crime in Minnesota?
People may have never heard of the term “Stealthing” before. Nevertheless, it is starting to work its way into conversations between legislators across the globe and even right here in Minnesota. Stealthing involves a man secretly removing a condom during sex without the other person’s consent. Some statistics suggest that this happens more than many people realize. However, the real question is, could a man who does this face criminal consequences? If you are facing criminal sexual conduct charges in Minnesota, contact an experienced St. Paul based sex crimes criminal defense attorney for a free confidential consultation.
Stealthing involves a man secretly removing a condom during sex without the other person’s consent.
As of now, there is not a law on the books here in Minnesota that specifically addresses stealthing. In other words, doing this in itself is not a crime. However, that doesn’t mean that somebody who does it could simply be off the hook.
The real problem is that this practice involves sexual penetration and a lack of consent. The concern here from the perspective of somebody who defends people charged rape, sexual assault, and child molestation, is that it wouldn’t take much of a stretch for an overzealous prosecutor to argue that if somebody wasn’t given consent to have this kind of sex, unprotected, and they did it anyway, this could fall under the criminal sexual conduct statutes here in Minnesota. That’s right. Could somebody who commits stealthing during sex be charged with rape? If so, what are the elements? What are the defenses? What about if somebody brags about it on social media or to friends? Is that enough to prove intent?
Could somebody who commits “stealthing” during sex be charged with rape?
Both New Zealand and Germany have made stealthing a sexual crime. In the United States, California is on the verge of making it illegal and providing civil remedies. Multiple other states including our neighbor to the east, Wisconsin, introduced a bill to make it a crime. While that bill did not succeed, we have seen huge changes in legislation involving sexual crimes here in Minnesota just in 2021 alone. As a result, it wouldn’t be shocking to see more changes in the future.
The New Sexual Assault Laws in Minnesota , Part 1 - Statute of Limitations
The New Sexual Assault Laws in Minnesota , Part 2 - Mental Incapacity
The New Sexual Assault Laws in Minnesota , Part 3 - Sexual Extortion Law
It is critical to understand the rape and sexual assault laws in Minnesota if you are charged. These crimes are some of the most aggressively charged in the State and the sentences can be absolutely brutal. I’m not even mentioning the sexual predator registration requirements for many of these sexual assault charges. Know your rights!
Talk to an experienced criminal defense attorney
If you are facing possible Minnesota sexual assault charges, you need to know what this could mean to your life and your future. Make no admissions and talk to an experienced criminal defense lawyer immediately.
Jack Rice is the Founder of Jack Rice Defense. He is a former prosecutor, Board Certified Criminal Law Specialist and St. Paul based sex crimes criminal defense attorney. He handles serious sex crimes including rape, date rape, child molestation, sex trafficking and indecent exposure cases. If you are concerned about a possible charge, sit down with Jack for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.