Stealthing: controversies about crimes against sexual dignity and their relationship with the reproductive rights

Abstract

This study aims to examine how criminal law responds to controversies arising in the context of conduct against sexual dignity, particularly when there is an intentional and non-consensual removal of a condom during sexual intercourse. First, the article presents the crime of sexual violation by fraud, distinguishing this offence from rape. Subsequently, the practice of stealthing is examined from the perspective of foreign law, particularly the legislation of the state of California in the United States of
America. The research continues with an analysis of Bills No. 965 of 2022, No. 1,853 of 2022, and No. 57 of 2023, which seek to classify the practice of stealthing as a typical, unlawful, and culpable act. As a central point, the study addresses the concept of sexual dignity, demonstrating that it encompasses sexual freedom as well as certain aspects of reproductive rights. Finally, the research focuses on explaining that domestic law is largely unconcerned with ensuring the constitutional right to women's
reproductive self-determination, as an expression of the dominant structural sexism in Brazilian society.