243
Abstract Views
225
PDF Download
ARTICLE

Stealthing as a Form of Sexual Violence: Ensuring the Protection of Victims' Rights

, , ,
Pages 450-469

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.

 

There is no Figure or data content available for this article

References

There is no Supplemental content for this article.

How to Cite This

Fernando, Z. J., Rinaldi, K., Syamsudin, & Kontesa, E. (2025). Stealthing as a Form of Sexual Violence: Ensuring the Protection of Victims’ Rights. Kosmik Hukum, 25(3), 450–469. https://doi.org/10.30595/kosmikhukum.v25i3.26133

Article Metrics

Download Statistics

Other Statistics

Verify authenticity via CrossMark

Copyright and Permissions

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors who publish with Kosmik Hukum agree to the following terms:

  1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC BY) that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
  2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
  3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.

Data Availability

 

template