Earlier this month, the California legislature unanimously passed a law that would make it illegal for someone to remove a condom during sex without their partner’s consent, a profound violation commonly known as “stealthing.” Assuming California Governor Gavin Newsom signs the bill, which he has until October 10 to do, it will be the first statute of its kind in the United States.
I’m particularly glad to see that the California bill makes non-consensual condom removal a civil, rather than criminal, offense. A brief legal primer: In a criminal prosecution, a government official brings charges against a defendant. If a jury convicts, the defendant generally goes to prison. By contrast, a civil suit is brought directly by the victim, usually through their attorney.
And, because of the lower standard of evidence used in a civil suit as opposed to a criminal prosecution, victims are more likely to receive affirmation that they are believed. To secure a criminal conviction, a prosecutor must prove “beyond a reasonable doubt” that the defendant is guilty. For a civil suit, though, the defendant is liable so long as a jury or judge believes that it is “more likely than not” that the defendant broke the law.
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azbrodsky If only judges could listen and be fair but even when an accused person sends sus texts and doesn't deny it and admits being dishonest they r like 🤷♂️ ***crickets. im glad there's a law but its too late for me. This cost me thousands.
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Source: TeenVogue - 🏆 481. / 51 Read more »