One Family’s Fight To Recognize Stealthing As Sexual Assault
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One Family’s Fight To Recognize Stealthing As Sexual Assault

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In the blue glow of a deep internet dive, Emma Schwartz was 17 years old when she uncovered the disturbing reality of an incident that shattered her sense of safety. She sifted through multiple stories of nonconsensual condom removal, often called stealthing. As she read, she realized she had experienced sexual assault. Yet when Emma sought answers about how to seek justice, she left with even more questions. Why is stealthing not legally codified as sexual assault?

Resulting from the assault, Emma developed severe insomnia and symptoms associated with PTSD as a result of trauma from sexual violence. “As I struggled to come to terms with my own assault, I ingested every article and piece of information I could find on stealthing.” Emma shared.

She learned that nonconsensual condom removal affects up to 33.4 million condom users in the United States. Survivors may suffer consequences such as unintended pregnancy, as well as lasting mental health conditions including post-traumatic stress disorder.

The National Domestic Violence Hotline suggests that stealthing “takes away that individual's agency to define their own reproductive health.” A study published by the Jacobs Institute of Women’s Health found that 12% of women experienced stealthing and 10% of men admitted to committing nonconsensual condom removal. However, currently only California and Maine legally recognize the act of nonconsensual condom removal and only as a civil offense.

Determined to rewrite the law and protect other survivors, Emma recruited her mother and sister, Carrie Schwartz and Lily Schwartz, in her quest for justice. The family began by researching state laws, speaking with legal experts and garnering support from friends and neighbors. Together they launched The Adjacent Project, a movement to raise awareness and advocate for legislation defining nonconsensual condom removal as sexual assault.

“I was unaware that ‘normal’ people could pass laws or get involved in the legislative process,” Carrie Schwartz shared, “And so our journey developed in a really organic way.”

The Adjacent Project team worked with existing organizers to lobby for and support bills that have since been introduced in New York, Illinois, Washington and Vermont. The team provided language for an Illinois State bill (SB 3602) sponsored by Senator Edly-Allen (D-IL), and supported HB 1605, another Illinois bill that was introduced in 2023. These bills amend the state Gender Violence Act” and establish that nonconsensual condom removal falls under “gender-related violence” under civil law.

A Washington State bill (HB 1958) introduced by Representative Liz Berry (D-WA), in collaboration with stealthing survivor Mina Hashemi, has received support from The Adjacent Project. This bill passed the House and Senate on March 1, 2024, and was delivered to Governor Jay Inslee’s desk on March 6, 2024. HB 1958, denotes that a person who engages in nonconsensual condom removal or tampering with a sexually protective device without consent is subject to civil cause of action. The Adjacent Project team also aims to pass federal legislation.

“Sexual assault changes everyone, not only the victim, but everyone close to them,” said Lily Schwartz, “Not only do I not want another family to endure what mine has, but this is one of the best ways I can show my love and support for my sister.”

Emma hopes that her family’s work toward justice will bring awareness to the serious risks and dangers associated with stealthing and bring more compassion to those who have suffered from its impact.

“I was unsure if anyone would take me seriously when I started advocating for legislation,” Emma encourages when asked about what advice she may have for other young people pursuing justice, “Your voice matters, even if you have to repeat yourself.”

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