An ACT opposition push to clearly outlaw stealthing, the non-consensual removal of a condom during sex, will be supported by the ACT government.
The bill from Opposition Leader Elizabeth Lee will be debated in the ACT's Legislative Assembly on Thursday.
Ms Lee's bill is an amendment to the Crimes Act and it inserts a new paragraph, which states that the intentional misrepresentation by the other person about the use of a condom negates consent.
"Stealthing is a heinous thing to do to any person in what is one of our most vulnerable and intimate of moments," Ms Lee said.
"Not only is it a breach of trust but also a great violation of bodily autonomy.
"By specifically outlawing stealthing, we are sending a clear message to the community that the law is on their side and that we will not tolerate this behaviour."
Attorney-General Shane Rattenbury said the bill would be supported by the ACT government.
"Ms Lee's bill helps to put beyond doubt that which we know: non-consensual condom removal during sex is rape," Mr Rattenbury said.
"It is not acceptable. It is a violation of trust and bodily integrity. This bill explicitly reaffirms that non-consensual condom removal, colloquially referred to as 'stealthing', is a criminal offence."
Ms Lee introduced the bill to the territory's parliament in April. At the time, she said while the current legislation could capture the practice it was necessary to make it clear that stealthing was illegal.
"Whilst there is a broad general provision which talks about fraudulent misrepresentation, it doesn't mention stealthing specifically. And it is such a broad provision that there is concern that something like stealthing might not be captured," she said.
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At the time, Mr Rattenbury said he believed the practice was covered by the criminal code but there could be value in clarifying stealthing in the Crimes Act.
A bill to reform the ACT's consent laws is also expected to be introduced shortly. The proposed amendment bill from Labor backbencher Marisa Paterson would include the introduction of a positive definition of consent based on people communicating agreement, essentially a yes-means-yes model rather than no means no.
Dr Paterson's bill would also make clear that a person can withdraw consent at any time of a sexual act.
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