New consent laws in Queensland mean ‘stealthing’ – the secret removal of, or interference with, a condom during sex – illegal.
Under athat came into effect today, stealthing is now criminally classified as rape in the state.
The law also criminalises coercive control.
It was supported by the Liberal-National Opposition and the Greens in Parliament.
Context
The new law is part of the Qld Government’s move to legislate an “affirmative model of consent”.
Under this model, Queensland laws require people to give and receive “free and voluntary agreement to participate in a sexual activity.”
When itto Parliament last year, the Government said it had conducted “extensive consultation” with community and legal advocates, as well as “domestic, family and sexual violence stakeholders”.
Stealthing
A Monash University study in 2018 found that one in three women and one in five men who had sex with men had experienced stealthing.
It can cause both physical and psychological harm, including STIs, unplanned pregnancies, anxiety, and depression.
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The ACT was the first Australian jurisdiction to criminalise stealthing in October 2021. Since then, every state and territory has begun the process of making similar laws.
Coercive control
The legislation also recognises coercive control as a criminal offence.
Coercive control is a form of psychological abuse and a common factor in intimate partner homicides.
The State Government described coercive control as abuse “designed to harm, punish or frighten” victims.
Under the new law, coercive control carries penalties of up to 14 years’ imprisonment.
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