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.

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