What Is Stealthing?
Stealthing is a term that describes the removal of a condom by a man during sex, despite their initial agreement to wear one, and without the knowledge of their sexual partner. The action can lead to an allegation of rape, with consent
to the sexual activity at the point the condom is removed being the primary issue in any police investigation
or criminal prosecution. Stealthing is becoming a much more common allegation in sexual offence cases, leading to the arrest, police investigation and prosecution for the most serious sexual offence, rape.
Agreeing to use a condom, then removing it before or during sex is not uncommon. In a study conducted in 2019, almost 10% of men aged 21-30 out of 626 participants admitted to having engaged in stealthing at least once since the age of 14 years old, with an average of more than 3 times.
This particular issue coming before the criminal courts is increasing with the recent case of Laurence Rafter who was convicted of rape and sentenced to 14 years imprisonment making headline news. In Scotland the first ever conviction for rape arising from stealthing took place in December 2024, this led to a 16 year sentence of imprisonment.
So, while some people might not think that removing a condom without the other person knowing counts as rape, doing so when the person only consented to sex with a condom nullifies their consent and makes the act a crime.
What is Rape?
Rape is the most serious sexual offence a person can be accused of. Section 1 of the Sexual Offences Act 2003
defines rape and makes it an offence for a person to penetrate the vagina, anus or mouth of another person with his penis, the other person does not consent and there is no reasonable belief in consent.
Rape carries a maximum sentence of life imprisonment, with a wide sentencing range. Life sentences are reserved for the most serious offences, and are rare. When being sentenced for an offence of rape there are other aspects of the sentencing to consider such as the potential for a life long requirement to sign the Sex Offenders Registers, Sexual Harm Prevention Orders, and of course the damage to your reputation all of which are avoidable with a strong defence.
What is Consent?
A person is said to have consented to sexual intercourse if they agree by choice, and have the freedom and capacity to make that choice. Section 76(2)(a) of the Sexual Offences Act
explains consent
specifically in cases where there is an element of deceit by one of the parties to sexual intercourse. This section states that a deception as to the nature or quality of the act raises a conclusive presumption against consent.
How Does The Court Decide Whether My Belief in Consent is Reasonable?
When considering whether you believed the complainant was consenting the court will take into consideration all of the circumstances of the case, including any steps you may have taken to obtain consent. When proving that you believed the complainant was consenting there are various factors which may support you such as text messages with the complainant, social media exchanges, background to the relationship and the behaviour of the complainant after the alleged offence.
It is important to work with your legal team to explore all potential avenues to support your reasonable belief in consent.
Rape by Deceit - What does this mean?
People may tell all kinds of lies in order to have a sexual relationship – for example, lying about their age, marital status, or income level. Some lies are more serious, and could lead to the question of whether consent was truly given or withdrawn, such as cases where stealthing is alleged.
‘Rape by deception’ is therefore a serious concern, which can arise if a complainant was deceived into participating in a sexual act with the accused that they would not otherwise have consented to if they had not been deceived.
Is Stealthing a Criminal Offence?
There is no specific criminal offence of stealthing. The action of stealthing would be an offence of rape where the complainant has not consented to sexual activity without the condom, and it has been removed without their knowledge.
Defending a Rape Allegation - How we can help you
Defending a false allegation of rape
can seem daunting, knowing where to start and how to approach your defence is crucial, therefore seeking expert legal advice should be where you begin your defence to a rape allegation. Because of the consequences of the severe consequences that can arise from just being accused of rape, it is important your case is handled carefully to preserve your position, reduce the risk of a conviction and damage to your reputation.
At Eventum legal our team of dedicated lawyers specialise in the defence of serious sexual offences including rape, at all levels of proceedings. We often advise our clients that as soon as the allegation is made building and presenting your defence should begin by way of pre-charge engagement
between your lawyers and the police, with the aim being to prevent a prosecution, and to protect and advance your legal position. The alternative is to wait until the police and Crown Prosecution Service have made decisions about you, and whether you are to be charged, this wait can be lengthy, can cause a great deal of stress, but it is also time that can be spent presenting defence evidence to the police and CPS, persuading them that the charging standard
required, is not met.
If you, a friend or family member has been accused of rape then speak with our non judgemental and friendly team today. Let us get on top of your case, and advance your defence.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.
Social media is increasing the risk of unintentional viewing of illegal material, leading to arrests and convictions.
