Stealthing: What you should know about the sex crime

Stealthing is a criminal offense according to § 177 StGB, in which the perpetrator secretly removes the condom during sexual intercourse. In this article we explain what you should know about the sex crime.

According to Section 177 of the Criminal Code, stealthing is one of the sexual assaults, the attempt or completion of which is punishable. Depending on the concrete circumstances of the crime, the offense of rape is also fulfilled in addition to stealthing.

If you are one of those affected, we recommend that you seek medical help and report perpetrators to the police. As a first step, you can also contact one of the following help lines:

• Help line violence against women: 08000 116 016
• Help line Violence against men: 0800 123 9900

What is stealthing in the criminal sense?

Stealthing is a sex crime in which the perpetrators: Pull inside the condom during intercourse without the consent of:the partner. This is done in secret. Stealthing is therefore considered a particularly insidious act that not only undermines safer sex, but also undermines the sexual self-determination of the other person. In addition to psychological consequences such as trauma, stealthing leaves physical consequences in the worst case: Those affected run the risk of contracting sexually transmitted diseases such as syphilis or HIV, and female victims can also become pregnant unintentionally.

Stealthing has been a criminal offense since 2016. This year, the German Bundestag tightened sexual criminal law in the sense that any sexual act that goes against the will of actors is punishable. According to this “No means no” principle, a sexual offense has already occurred if the victim says no verbally, cries or shows other defensive actions. Even if the victim is unable to express themselves verbally or physically due to an impairment, these acts are punishable.

Depending on the specific situation, the penalty for perpetrators is between six months and five years in prison. In serious cases, in which perpetrators not only steal things, but also severely abuse the victim, for example, a prison sentence of more than 5 years can be imposed according to § 177 StGB.

Important: We want to emphasize that women can be victims of stealthing, but men and other gender identities can also be affected. In principle, any sexual partner can commit stealthing, so that the crime cannot be ruled out even in the case of sex between same-sex partners.

Berlin Court of Appeal decided for the first time on the criminal liability of stealthings

In Berlin, the responsible higher court ruled for the first time in 2020 on what is known as stealthing. In the decision, the judges ruled in favor of a woman who was the victim of stealthing. She allowed the perpetrator to have consensual sex with a condom, which he then secretly removed.

In their reasoning, the judges considered it proven that “the victim penetrated in an unprotected manner against his or her will […] and ejaculated into the victim’s body”. The facts of the case would not only mean the risk of an unwanted pregnancy or a sexually transmitted disease. The judges particularly emphasized the “level of sexual self-determination”, which was significantly violated in the course of the crime and undermined the sexual autonomy of the victim. Thus, the judges considered the facts of § 177 Para. StGB to be fulfilled, but at the same time did not find any rape, since the sexual intercourse was consensual.

After the trial, the victim was awarded compensation of around 3,000 euros, while the perpetrator, who lodged a legal appeal against the verdict, was given a suspended sentence of eight months.

Stealthing: This is what victims can do to defend themselves

For victims, stealthing can be a distressing, severely traumatizing experience. Because in addition to the risk of becoming pregnant and/or becoming seriously ill as a result of unwanted unprotected sexual intercourse, there is the associated breach of trust and the undermining of the right to sexual self-determination. To make matters worse, stealthing is difficult to prove in court if victims cannot present clear evidence and ultimately testimony is against testimony.

It is all the more important for those affected to confide in others and to take legal action against perpetrators:

• If you are a victim of stealthing, you should realize that you are not to blame for the incident. All blame lies with the perpetrator who took advantage of your trust. You should therefore never dismiss the act as a “mishap” or blame yourself. You didn’t provoke the behavior in any way and you shouldn’t be ashamed of it, because stealthing (unfortunately) can happen to anyone.
• Don’t be ashamed to stand up for yourself and report the incident to the police. Stealthing is a sexual offense that, like rape, is wrongful and must be punished.
• In addition to reporting the crime, you should definitely seek medical help and have yourself examined to prevent damage to your health. If you are afraid of getting a sexually transmitted disease through unprotected sex, you should definitely speak to your doctor about this. Most sexually transmitted diseases are easily treatable if detected in good time. Even in the case of a possible HIV infection, there is a so-called “HIV-PrEP”, a precautionary measure after a possible HIV contact. Those affected take medication over a certain period of time that inhibits the multiplication of the virus.
• Be aware that you are not alone and can count on support. Get in touch with counseling centers for those affected. Some help lines will also advise you anonymously if you wish. For example, you can reach the help line against violence for women or men on 08000 116 016 or 0800 123 9900. You can also get in touch with other victims and experienced professionals in self-help groups for victims of sexualised violence and work through the act of violence.
• Unfortunately, there is no 100% way to protect yourself from stealthing. However, you can reduce the risk by recognizing the warning signs of toxic relationships and trusting your gut feeling when in doubt. If you are uncomfortable with a partner, it is perfectly legal to stop having sex.

Read more on Techzle.com:

• Recognizing a narcissist: These are the most important warning signs
• Contraception without hormones – an overview
• These condoms are sustainable, fair and vegan