Entre o sim e o não

: o inimigo invisível do consentimento: reflexões sobre o stealthing

Abstract

The present dissertation is focused on the discussion of stealthing cases, briefly characterized by the removal or defrauding of the condom without the victim’s consent, during sexual intercourse. Due to the apparent lack of legislative response, the main aim of this work was to analyse the possible solutions given by the doctrine and to understand to what extent they are accurate or whether there is a need to adjust the law to the reality of more current times. For some, stealthing is rape according to the current law, while for others, the Portuguese law is unsatisfactory, which is why alternatives have been proposed, such as amending the law, creating a specific type of crime or even extending sexual fraud in a way that covers these cases. It was concluded that our legislation is not satisfactory as it is currently written, as it does not give an answer to these cases without hesitation. The most appropriate course of action would be to align the text of the rape crime with the requirements of the Istanbul Convention, regarding the lack of consent as a criterion for the occurrence of sexual violence.

Date of Award	29 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sandra Tavares (Supervisor)