“Stealthing” is the removal of a condom or any protective device during sexual intercourse. This includes removing 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.
This can now be punishable by law under new House Bill 3957.
Ako Bicol party-list representative Alfredo Garbin and Elizaldy Co seeks to refine the description of sexual assault through the act of “stealthing” which, according to them, was not expressly stated in the Revised Penal Code or in the Anti-Rape Law of 1997.
“Even if the victim is not a woman, the victim can avail of protection and remedies provided by the law on rape and sexual assault,” Garbin explained.
So regardless of sexual orientation, gender identity or expression, charges may still be filed against the male who administered the violation.
Individuals found guilty will be given at least 12 years of jail time, and a fine of not less than P100,000 but not more than P500,000.
If the victim was infected with a sexually transmitted disease or was impregnated, the penalty to be imposed on the violator would be jail time of at least 17 years and four months to 20 years, and a fine of not less than P200,000 but not more than P700,000.
If the violator intentionally infects or impregnates their partners through the acts of “stealthing,” the penalty would be jail time of at least 20 years to 40 years, and a fine of not less than P1 million but not more than P5 million.
Meanwhile, if the victim withdraws consent after knowing that an act of “stealthing” was being committed, yet the violator continued with the sexual act, the latter would be liable for rape.
Rep. Alfredo hopes that if the bill eventually becomes a law, it would lead to fewer cases of sexual assault that involves sexually transmitted diseases. This would also aid in the war against HIV/AIDS.