Posted on 09/10/2021 7:09:18 AM PDT by karpov
California is set to outlaw unannounced condom removal. A bill that passed the California legislature earlier this week and now awaits Gov. Gavin Newsom's signature would be the first in the country to make such "stealthing" a cause for legal action.
But the measure (Assembly Bill 453) will not work through the state's criminal code. Rather, removing a condom without a sexual partner's verbal consent will become grounds for a civil lawsuit and punitive damages, with the act added to the state's civil definition of sexual battery.
Under A.B. 453, "a person commits a sexual battery who causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed."
In effect, it creates an affirmative consent rule for condom removal.
Supporters of the legislation say that consenting to safe sex doesn't mean consenting to sex without a condom. Thus, furtively removing a condom before or during sexual activity amounts to rape.
Yet determining who is telling the truth in such cases will be incredibly tricky. If nothing else, this seems like a very difficult claim to prove in court. ("How the fuck is this enforceable?" comments Nancy Rommelmann on Twitter. "It's not.")
Even folks who agree with the theory behind the law note that proving an offense may be impossible.
And what if someone never puts on a condom in the first place but their partner mistakenly thinks they did—could that partner still sue? Will the law punish people who inadvertently lose a condom during sex? Won't people sued under the law simply claim this is what happened?
(Excerpt) Read more at reason.com ...
Why would this even matter to California where knowingly exposing a partner to HIV is no longer a criminal act?
We are heading toward —
“I see you did something. You can go to prison for that, you know ...”
It’s Dr Floyd Ferris from “Atlas Shrugged”. This is how you rule over people.
Good old Cartelfornia with the serious subject matter while America is nearly burning with rage.
Just when you think you’ve heard it all, in the middle of a pandemic, homelessness rapidly increasing, crime skyrocketing, lack of affordable housing, etc...all the California legislature comes up with a law about condom removal...you can’t make it up...
Oh Great. Another dose of California legislative stupidity on parade. And you wonder why the state is in the toilet?
but not telling play partners you have AIDS, well that’s OK...
See nothing say something. 😐
Unannounced Condom removal. I think this is sort of ok still in LALA land as long as the condoms don’t exceed $900 or so in value.
Only in Kalifornica.
In other news, telling someone you will still respect them in the morning is now a class 3 misdemeanor.
Next century history books will be so embarrassing.
yet, women lying about being on the pill, would still be legal.
All California condoms will be required to have motion sensors and an audible signal of at least 90 dB like a truck’s backup alarm to alert the recipient of the condom’s usage.
Even well controlled hiv is a lifelong health burden.
Could be a sticky situation…
Events as reflected in next century history books will be unrecognizable to people of this era if political narratives take the place of facts and conservatives don’t take education seriously. There’s little evidence conservatives are getting involved in education as teachers, administrators and school board members.
Add a required hazardous waste removal bag too.
Are there any politicians ON EARTH more useless than California politicians?
“Unannounced Condom removal” — my first thought was crooks cleaning out the CVS condom section.
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