Legal Perspectives on Acts of Sexual Violence through Condom Deception as a Means of Vitiating Sexual Consent (“Stealthing”)

The outcome of this research project will be a contribution to an edited volume coordinated by the Universidad del Rosario (Colombia) and the Network of Latin American Law Scholars (Red ALAS). The overall aim of the book is to examine condom deception as a form of sexual violence from a legal perspective, focusing on the unique nature of the Latin American and Caribbean contexts. The volume delves into theoretical intricacies that span criminal law, civil law, criminology, and feminist legal theories. With systematic analyses and comparisons of the legal land­scapes of various countries in the region, the volume aims to emphasise the role of the Global South as an active producer of innovative solutions to current issues.
Cristina Valega’s contribution to this undertaking consists of an analysis of the legal implications of acts of con­dom deception, namely, whether such acts undermine sexual consent under Peruvian law. Drawing on empirical texts that elucidate the nature of condom deception and on a review of the literature on sexual violence and sex offences, the chapter closely examines the effects of deception about condom use on sexual consent and sexual autonomy. Following this, the contribution proposes a nuanced contextual definition of deception about condom use as a manifestation of sexual violence.
The chapter also argues that certain acts of deception about condom use, namely, those that may affect sexual consent, could qualify as rape under the Peruvian Criminal Code. This assertion is based on the premise that such acts violate the sexual freedom of the survivor/victim by exploiting an environment of deception surrounding con­dom use. This environment, in turn, inhibits the survivor/victim's ability to consent freely to the sexual acts. By synthesising theoretical insights with empirical analyses, this contribution aims not only to contribute to the exist­ing body of knowledge, but also to promote a deeper understanding of the complex legal dynamics surrounding acts of condom deception and sexual violence from the perspective of the Peruvian legal framework.