The so-called "stealthing" (removal of the condom without consent) – New directions for sexual fraud in Portuguese law?

Abstract

The criminal relevance of the so-called “stealthing” (primarily seen as non-consensual condom removal) is a controversial issue in several places around the world. This article addresses the problem in the light of Portuguese Criminal Law, discussing its possible lege lata frameworks and lege ferenda alternatives. It is concluded, based on legal dogmatics requirements, that the incriminating norms in force do not allow classifying stealthing, qua tale, as a criminal offense and that the most appropriate angle for legislative politics debate on the need for reform of Statutory Law is not the perspective of crimes against sexual autonomy, but rather the perspective of crimes against physical integrity (health) and reproductive self-determination.