Stealthing is just wrong from an ethical POV, if she insists on a condom in order to have sex. I'm not an attorney so I don't know if removing the condom becomes a sexual assault. Of course, if she gives the guy the option, than it's ok if he goes bare.
Having not had a vasectomy, there is NO WAY I want BBFS/CIP unless I know and totally trust the woman (whether a provider or an IRL GF or hookup) has protection. Or I'll pay for the Plan B. Having paid over $350K in child support to the ex wife, and with my kids all grown up, I don't want to revisit that world again.
Originally Posted by EagleEye
First off I'm not an attorney either. However, my work does require me to understand codes, laws and working with attorneys. Secondly, each state has different laws so referring to state law of where whatever action took place is recommended.
Stealthing, is with out question wrong morally, ethically and health wise and I feel sorry for any victims this has happen to. However, I do believe in most states as long as your having consensual sex a person sneaking off a condom without the other person knowing is not a crime. Furthermore, if there was a law broken it comes down to his word against her word. He could always say she knew they were having bbfs. Or he could say the condom broke or fell off without his knowledge?
Another situation ive heard of is the girl is on top teasing you then starts to SS and she just lets it slip in and starts riding you raw without the mans consent. Most likely the person may suffer no life threating consequences. However, if the provider had a hsv outbreak or had hpv, transmitting these two viruses is very possible. So, the question remains would this be considered rape or breaking the law. The man didn't actually give consent, however proving this when your both naked on top of each other would be pretty tough to prove. Furthermore, the provider can always say he knew, or he stuck it in without protection basically going back to he said she said.
The point is if a law was broken the person has to be able to prove it beyond a reasonable doubt. When it becomes he said she said there leaves way too many uncertainties.
Once again I am not an attorney. However I do know that facts need to be established before establishing guilt.
Anyhow, this is why I believe stealthing isn't considered illegal but very wrong morally, ethically, health wise. I certainly don't condone it and feel bad for any victims that have. Anyway this is just my opinion.
The exceptions of where my above opinion may differ is any state where prostitution is legal. But, then it goes back to he said she said.
Remember the only true safe sex is no sex. Amazing, I'm not sure how I came across this post but thank goodness this is my slow season as I've been on here too long. Got to get back to work. Good Luck and Happy Holidays.