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Re:California is the first state to ban 'stealthing,' noncon... by 83457 on Friday October 08, 2021 @01:45PM (#28801957)
May be easier to prove actually compared to normal consent based case as the default would be if the act was agreed on or started with a condom then taking it off would be an offense.
Re:California is the first state to ban 'stealthing,' noncon... by Moodles on Friday October 08, 2021 @01:47PM (#28801982)
Uh huh? So my question is, how is it easier to prove that's the case?

So the lady needs some proof that sex occurred without a condom. Then she also needs to prove both parties agreed to only use a condom beforehand. She also needs to prove that the guy deliberately took it out. Maybe they could put it on the blockchain.

Re:California is the first state to ban 'stealthing,' noncon... by dragonwriter on Friday October 08, 2021 @02:29PM (#28802474)
The civil preponderance of the evidence standard literally can be met by ”he said/she said" testimony by whichever party the trier of fact (jury or judge, depending on if it is a jury or bench trial) finds more credible.

It’s not a crime (I mean, the same act is already a crime, but that's not the law in question), so the criminal “beyond a reasonable doubt” standard of proof doesn't apply.