Victims’ Rights

By Christine Dunn, Jillian Seymour, and Erin Simard In the summer of 2023, CNN published an...

Stealthing is a concept that you likely know about, even if you are unfamiliar with the term. It refers to nonconsensual condom removal, a behavior that is alarmingly prevalent. Studies have revealed that 5% of men and nearly 19% of women knew that they experienced stealthing,[1] and nearly 10% of the young men openly admit to it.[2] Rates are likely even higher[3] for at least three reasons: (1) many victims never learn that their partners removed condoms; (2) a strong stigma against labeling the practice a form of sexual assault lingers[4]; and (3) there has been a dearth of empirical research on the issue.[5] Until recently, the law has struggled to appropriately target and address this sexual harm.[1] But that changed in California on October 7, 2021. Thanks to the advocacy of Assembly member Cristina Garcia, the state enacted the country’s first express prohibition on stealthing.[2] The bill expands the civil definition of “sexual battery” to the removal of a condom without verbal consent during sexual activity. Therefore, people who have experienced stealthing can now bring a lawsuit for monetary damages. The legislative development carries no criminal penalties, but many sexual assault advocates consider this preferable.[8] This is in part because of the criminal legal system’s structural failings, […]

Victims of crime are often completely overwhelmed. Not only are they navigating the emotional and physical impact of the crime on their lives but they are also faced with uncertainty about their legal options. Victims of crime, including sexual assault survivors, regularly come to us soon after the crime happened. Often the first question they ask is: “Now what do I do?” Frequently, crime victims do not realize that there is an array of different legal avenues they can pursue in both the criminal and civil justice systems. First, any victim of a crime can report the crime to the police and initiate the criminal process. The police will investigate the allegations, generally collecting evidence and interviewing witnesses. If the police believe there is adequate corroboration of the allegations, they will present the case to the prosecutor. Depending on the nature of the crime, the case might be presented to either a local, state, or federal prosecutor. The prosecutor then makes the decision about whether to charge the perpetrator and proceed with the prosecution. In a criminal proceeding, it is the government – not the victim – who brings the case and ultimately makes the decisions about how the case […]