Stealthing in Illinois: Can You Be Charged with a Sex Crime?

 Posted on December 11, 2025 in Sex Crimes

Across the country, including in Illinois, the line between consensual and criminal sexual activity has never been more closely examined. As lawmakers and courts reevaluate how sexual consent works in today’s world, this shift is most visible in "stealthing" cases. Stealthing relates to a consensual sexual encounter that could change when one partner secretly removes a condom mid-act.

Prosecutors may rely on broad consent definitions to argue that nonconsensual condom removal constitutes sexual assault despite the fact that Illinois has no statute that names the behavior. The argument is that consent obtained under certain conditions is not consent once those conditions are removed.

So, a defendant could face serious felony charges from an encounter that began consensually. If you find yourself facing sexual assault charges (720 ILCS 5/11-1.20) after being accused of stealthing, it is essential that you speak to a highly experienced Will County, IL criminal defense lawyer as quickly as possible to get ahead of the charges.

Are Stealthing Complaints Increasing in Illinois?

Increased public awareness and media coverage regarding consent and sexual violence highlight stealthing as a significant harm, due to the risk of pregnancy, STDs, and HIV, as well as the violation of trust between partners. California is the first state to directly address stealthing, making it a civil offense. While legislation has been proposed in the Illinois House Judiciary Committee to address the offense, it has not yet become law.  

The argument for charging stealthing in Illinois as sexual assault is based on the definition of consent. Consent is considered to be ongoing, but when a condom is removed without consent, consent is invalidated, changing consensual sex into nonconsensual sex. Stealthing is a widespread issue, with a significant percentage of women experiencing it. While stealthing is much more common than many of us would assume, it is historically underreported due to social stigma and lack of legal recourse.

How Can Prosecutors Build a Stealthing Case and Charge It as Criminal Sexual Assault?

Prosecutors will argue that stealthing materially changed the sex act without consent. Evidence might include texts, DMs, post-incident admissions, medical or forensic evidence (STD testing, pregnancy concerns), or witness statements based on the complainant’s message to close friends.

Timeline evidence could show the parties’ communications before and after the encounter. The theory of charging stealthing as sexual assault hinges on consent being conditioned on the use of a condom. Removal of the condom altered the act without further consent. Criminal sexual assault in Illinois is a serious Class 1 felony for a first offense, carrying four to 15 years in prison.

Defense Strategies Against Illinois Stealthing Allegations

Defense strategies related to stealthing allegations will typically focus on one of the following:

• The defense attorney will challenge whether the use of a condom was an explicit element of consent.
• The attorney may assert that the complainant continued to consent after becoming aware of the change.
• There may be inconsistencies in the alleged victim’s statements or timelines that can be highlighted.
• Any forensic "evidence" or speculative medical claims may be contested.
• Suppression motions could be valid for any statements made by the defendant without clear Miranda warnings.

Since stealthing cases rely heavily on statements, a defendant’s early communications can make or break the case. It is important to know that alleged victims may pursue civil remedies even without a criminal conviction, including emotional distress claims, medical expenses claims, or potential civil sexual misconduct claims.

Contact a Joliet, IL Criminal Defense Lawyer

Immediate legal representation is crucial in stealthing allegations. The situation can quickly escalate to sexual assault charges with felony exposure, sex offender registration, and lifelong barriers to employment, housing, and professional licensing. These cases move quickly and rely heavily on statements and digital evidence.

A skilled Will County, IL sex crimes attorney from Law Office of Eric J. Blatti, P.C. can begin protecting your rights and fighting for your future immediately. Attorney Blatti is local to the Joliet area, has experience working as a public defender, and has good relationships with judges and attorneys. Call 815-744-2500 to schedule your free consultation.