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New Zealand s first successful prosecution for removing condom without consent leads the way for law changes in Australia and elsewhere

Recognising stealthing as a crime The conviction is significant because it recognises everyone has a right not only to choose to consent to sexual activity but also to choose what conditions are placed on that consent. This is also significant for the New Zealand police who have been accused of not taking reports of stealthing seriously in the past. Furthermore, the landmark New Zealand judgment paves the way for other countries to reconsider their laws. There is currently a proposal to outlaw stealthing as a factor that negates consent before the Australian Capital Territory Legislative Assembly. Last year, the New South Wales Law Reform Commission also suggested changes to the state s legislative regime. This would mean sex with a condom is legally defined as a specific activity that can be consented to, without consent to any other sexual activity, such as sex without a condom.

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