Abstract
The purpose of this dissertation is to advocate for the criminalisation of stealthing in New Zealand. In particular, it is argued that stealthing is rape because the absence of the condom, or the removal of the condom vitiates the consent which the complainant gave to the sexual activity. If stealthing were to be criminalised, it would be recognised as a wrong by society and it would be correspondingly condemned. Victims would no longer have to worry that the police would not take them seriously. Victims would no longer feel like they were 'sort of raped'; rather, the law would say that they were raped, thus vindicating their lived experience. In this way, recognition of stealthing as a criminal offence could in turn help victims recover and come to terms with the harm they have suffered.