Two party-list lawmakers want to sanction ‘stealthing’ or the act of removing a condom during sex without the consent of the partner through an imprisonment of 12 years to 40 years.
Ako Bicol party-list Representatives Alfredo Garbin and Elizaldy Co filed House Bill 3857 to consider condom removal during sexual intercourse without the knowledge of one’s partner as a sexual assault.
The bill, if passed into law, shall hold the accused culpable for rape.
Both lawmakers said there was no provision in the Revised Penal Code or the Anti-Rape Law of 1997 or Republic Act 8353 to punish the act of stealthing.
Under the proposed measure, the lawmakers said they used the words “sexual partner” to refer to the victim.
They described stealthing as to when a person causes his or her partner to believe that he or she has used or is currently using a protective device during a sexual act, saying the other incidents of stealthing could be the removal of any protective device without the consent of the partner, tampering or damaging any protective device, or intentionally infecting or impregnating the sexual partner through the said acts.
According to Garbin and Co, such acts would still be considered stealthing even after their discovery by the sexual partner or even if a protective device was subsequently used during the sexual activity.
Garbin said the bill, if passed into law, shall not only include a woman as a victim.
Anyone found to be guilty of stealthing would be sentenced a jail time of 12 years and one day to 14 years and eight months with a fine of not less than P100,000 but not more than P500,000.
Should the victim get infected with a sexually transmitted disease or was impregnated, the perpetrator should be imprisoned for 17 years and 4 months to 20 years with a fine of not less than P200,000 but not more than P700,000.
An imprisonment of 20 years and one day to 40 years with a fine of P1 million to P5 million shall be imposed on a perpetrator who intentionally infects or impregnates their partners through the acts of stealthing.
When a victim withdraws consent after having the knowledge of an act of stealthing was being committed, yet the perpetrator still has continued with such sexual act, he must be held accountable for rape.