October 21, 2021

Opinion | California's 'stealthing' law doesn't go far enough - The Washington Post

California’s new condom “stealthing” law, the first one in the country making it a prohibited act when a man removes a condom without consent during sex, is a very positive improvement in the law. But it doesn’t go far enough to protect its victims and mitigate their damages. Even if the female victim fully consented to sex before he removed his condom, if she becomes pregnant as a result, the statute should have stated that the offense now counts as a rape, including under abortion law.

As a rapist, the perpetrator should be prohibited from visitation or any other custodial right with any resulting child (unless the mother affirmatively wants it and the child is positively benefiting from it). His obligation to support any resulting child should not be based on his ability to pay (as child support is normally determined), but treated as mitigated damages, determined by the reasonable needs of the child, which are often much greater than his ability to pay, particularly as he may have other children, or be selfishly restricting his willingness to earn any, or higher, income. Arguably, that sum might be due to anyone who adopts the child (again, without his having the right to visitation).



source: https://www.washingtonpost.com/opinions/letters-to-the-editor/californias-stealthing-law-doesnt-go-far-enough/2021/10/20/f994fb1e-3043-11ec-8036-7db255bff176_story.html

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