The term stealthing is used to refer to the act of removing a condom during sexual intercourse without your partner's consent. Although stealthing isn’t codified in Oklahoma yet, it’s possible for nonconsensual condom removal to be considered a form of first-degree or second-degree rape. A person could also face charges related to the spread of infectious diseases, if the stealthing resulted in the transmission of an STD.
Stealthing May Also Lead to Charges for the Spread of Infectious Diseases
It is illegal to knowingly transmit a sexually transmitted disease (STD) under Oklahoma Statutes Title 21 § 1192 and Oklahoma Statutes Title 21 § 1192.1. Any person who has a communicable disease and engages in conduct that knowingly exposes another person to such disease can be charged with a felony offense punishable by imprisonment of up to five years.
It is also possible for someone who has contracted an STD as the result of stealthing to file civil charges seeking compensation for their medical expenses, lost wages, and pain and suffering. This could put your hard-earned assets at risk while exposing you to negative publicity that could damage your professional reputation.
Comparisons to Revenge Porn
The law surrounding stealthing is continually evolving. Many legal experts compare the situation to the push to implement laws outlawing revenge porn. As of March 2023, revenge porn is illegal in 48 states and in Washington, D.C. However, when Oklahoma made nonconsensual pornography a criminal offense in 2016, less than half of these states had similar laws on the books.
How a Tulsa Criminal Defense Lawyer Can Help When You've Been Charged With Stealthing
If you've been accused of stealthing, your future is a risk. To protect yourself, you need a Tulsa criminal defense lawyer with experience handling sexually-based offenses. Berlin Law Firm is dedicated solely to the defense of Oklahoma residents charged with sex crimes and serious violent crimes.
I worked as a prosecutor before becoming a Tulsa criminal defense attorney, which has given me an in-depth understanding of how they charge and prosecute cases, the kinds of theories and evidence they'll present, and what witnesses they'll put on the stand. When Berlin Defense handles your case, you can be confident that this insider knowledge will be put to work for you.
To help you better understand what to expect as your case progresses, I encourage you to request a copy of our free guide, Fighting the Guilt Machine. This resource outlines how sex crimes are prosecuted in Oklahoma and discusses the most common mistakes I see my clients making.
