The Supreme Court confirms that the condom is "essential part of consent" but reduces the sentence for removing it without warning

Using a condom in a relationship is an essential part of sexual consent. Various courts and tribunals across the country had reflected this in their rulings and now it has been the Supreme Court that has established that ‘stealthing’ should be considered a crime. A debate in which the potential sentences for this type of sexual aggressors have been reduced by understanding that the court is an old sexual abuse but without penetration. Five Supreme Court judges believe that sentences should be higher while the first case resolved definitively in Spain ends with the culprit not stepping foot in prison.

The word ‘stealthing’ comes from the English term for stealth. In this case, removing or not putting on the condom without the other person knowing, thus skipping a condition expressly established before starting sexual relations. Spanish statistics do not reflect how many convictions are handed down in Spain and databases show only half a dozen sentences on the matter. In 2017, lawyer Alexandra Brodsky published a research at Columbia University which reflected the usual response of victims of this type of sexual crimes and the difficulties in reporting: “I don’t know if this is rape, but…”