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Emelia Kontesa
Faculty of Law, Universitas Bengkulu, Bengkulu

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Stealthing as a Form of Sexual Violence: Ensuring the Protection of Victims' Rights Zico Junius Fernando; Kasmanto Rinaldi; Syamsudin; Emelia Kontesa
Kosmik Hukum Vol. 25 No. 3 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i3.26133

Abstract

In today's legal landscape, discussions on sexual violence continue to evolve, with stealthing emerging as a critical issue. Stealthing refers to the act of non-consensual condom removal during sexual intercourse, violating the fundamental principles of consent and bodily autonomy. This practice is increasingly recognized as a form of sexual violence, yet many legal frameworks, including Indonesia's, have yet to explicitly criminalize it. Victims of stealthing face not only physical risks, such as sexually transmitted infections (STIs) and unwanted pregnancies, but also severe psychological trauma and social stigma. The absence of clear legal provisions contributes to underreporting and difficulties in prosecuting perpetrators, leaving victims without adequate legal recourse. This research employs a normative legal method, incorporating statutory, conceptual, comparative, and futuristic approaches to analyze how stealthing fits within Indonesia’s existing sexual violence laws. It also explores how other jurisdictions have addressed this issue, particularly in recognizing stealthing as a criminal offense. The descriptive-prescriptive nature of this study allows for a detailed examination of legal gaps and the potential for reform in Indonesia’s criminal law system. Through content analysis, this research finds that stealthing should be explicitly categorized as sexual violence under Indonesian law to ensure better protection for victims and uphold justice. The study further argues that legal recognition, public awareness, and preventive policies are crucial in addressing stealthing effectively. Understanding stealthing as a legal and social issue is essential to strengthening victim protection and promoting consent-based sexual relations. By integrating stealthing into Indonesia’s legal discourse, the country can align its policies with global best practices and foster a justice system that upholds victims' rights.