On the 9th local time, the bill proposed by California Congressman Christina Garcia was passed, which is only subject to the approval of the governor of Gavin Newsam. The lawmaker of Saint Lucia tweeted that AB453 regarded "the elimination of unauthorized condoms" as a kind of sexual assault, so "it is not only immoral but also illegal to remove condoms without permission."
[looking at the picture] touch, lick, insert... A rogue porn actor
In this bill, it is not an offence to remove a condom without the consent of a partner, but it will be the subject of civil litigation and civil punishment. If the governor signs the bill, AB453 will become the first state law in the United States to make "unauthorized elimination of condoms" virtually illegal.
The act of removing a condom without the consent of a partner is widely referred to as "invisibility". The term was granted citizenship in April 2017 through a paper by Alexandra Brodsky, then a student at Columbia University Law School. He, who is also the author of Sexual Justice, interviewed interviewees, mostly women, who were victims of the behavior. In an interview with Rolling Stone magazine, Brodsky said respondents had no language for specific actions, but all felt their boundaries and consent had been significantly trampled on. "" is that a bad thing? I think this is a bad thing. "there are a lot of people who are upset," Brodsky said. "I think the legal recognition of the harm is a step in defending the experience of [Strausin] victims."
Before Mr. Brodsky's research, the word "Straussin" was well known in the gay community. HIV-positive men, in particular, are used when they quietly or disagree to take the initiative to infect HIV-negative men. (sites like Pornhub, by the way, are surprisingly full of stealth videos. However, the site's new guidelines require uploaded users to submit identification and model release, so these videos describe not so much the actual behavior as the actual behavior. It is considered to be aimed at users with psychological illusions. Even among men who have sex with women, the practice of removing condoms without their partner's consent is well known. According to a 2014 study, about 10% of young men have done work in some way, such as drilling holes in condoms, keeping secrets from their partners, or taking off condoms without consent.
The "invisible victim" that has also appeared in the TV world.
However, Mr Brodsky's paper raises awareness of these behaviors. "my legal question is whether these scourges will be included in the existing scope of sexual violence. If it can be quelled, will the victim have a chance of winning in the trial? What are the legal remedies that are meaningful to the victim? ". The paper arises at the historic moment and makes a thorough study on the spread of the right to privacy. The author of a 2019 paper predicted that about 2% of the respondents in the questionnaire had been invisible. Surprisingly, however, the experience of taking off a condom when a partner disagreed, with 32% of the respondents being female and nearly 19% of the male. HBO's TV series I May Destroy You (original title) also sets the protagonist Arabella (Mikara Cole) as Sterling's victim.
Even before the California bill, countries such as New York tried to pass their own state laws that treated Strausin as a form of sexual violence (the bill was vetoed at the committee stage). There are more successful examples in other countries. Earlier this year, a New Zealand man was sentenced to three years and nine months in prison on charges of carrying out Stirling while having sex with a sex worker. In Switzerland, Canada and Germany, men charged with similar acts have also been prosecuted.
While Mr Brodsky is pleased with the passage of California's law, he also feels that Strausin should not necessarily be criminalized. "if it is a criminal justice system, it will be up to people other than the victims to determine the manner in which the case is conducted. The police must decide whether they should investigate, and the prosecutor's office must decide whether the case should be placed on file. If the victim is unable to collect votes from jurors, it will be as humiliating as the violation itself, "he said. In a civil trial, "the victim can choose". Instead of trying to prosecute defendants under the existing legal system, it is also beneficial to victims to establish their own laws to eliminate unauthorized condoms. "sexually active victims tend to be suspected in trials," Brodsky said. " "it would be easier to understand the harm in the trial than to force it into the existing system. The wider the discussion on this issue spreads in society, the more openly the victims will be able to express their experiences and stand out. "
[related report] the "lie" of an 18-year-old woman who is the enemy of all American sex workers
