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.
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.