Stealthing: Violación silenciosa

Abstract

Over the last few years, some media have been covering the “dangerous” behavior practiced mostly by the young and sexually active population, which puts its victim at physical risk of pregnancy and illness, however, in Colombia it still goes unnoticed by a large part of the population. Stealthing is the not-so-new practice, by which a person removes the condom or barrier method during sexual intercourse without the consent of their partner. A practice that can affect the physical and psychological well-being of the passive subject. Hence, since the publication of a study by the University of Columbia on Gender and Law in 2017, different media and countries have begun to regulate this behavior through two approaches, such as regulating it as an independent criminal type or elevating this behavior to that of sexual assault. Therefore, it is necessary to classify stealthing as an independent crime, given that, after analyzing the Colombian legal system, there is no criminal type in which such conduct can be sanctioned, which makes it imperative for the legislator to process a new bill, with the necessary adjustments to protect the sexual rights of people who are victims of stealthing.