Canada's supreme court has decided that taking off the condom in a sexual encounter without consent is now a crime that can be prosecuted for sexual assault.
slyly removing it prior to sexual contact without consent from a partner is a violation of the lawful definition of consensual sexual sex.
"Sex with and without a condom are fundamentally and qualitatively distinct forms of physical touching," Justice Sheilah Martin wrote in her majority decision.
"A complainant who consents to sex on the condition that their partner wear a condom does not consent to sex without a condom."
there is "no agreement to the physical act of intercourse without a condom," she said. Women's rights advocates applauded the ruling.
Pam Hrick, executive director of Women's Legal Education and Action Fund said the decision was " foundational to the right to sexual autonomy and equality."
It was an eerie difference from the U.S. Supreme Court's decision last month to overturn Roe V. Wade which ended decades of women's rights to choose an abortion
"Stealthing" becomes even more concerning for women in America in the present, when an accidental pregnancy could be an obligation for life to the birth of a child.
The nonconsensual removal of condom removal has become the criminal offense of sexual battery in the state of California that allows victims to sue the perpetrators for damages.
The condom decision in Canada was made in the wake of an appeal filed in the case of an British Columbia man who did not wear a condom in sexual relations,
even though his girlfriend claimed that she had insist to wear one. She stated the fact that she could not agree to have be sexually intimate with him without condoms.