In this paper we apply a nonconforming rotated bilinear tetrahedral element to the Stokes problem in R3. We show that the element is stable in combination with a piecewise linear, continuous, approximation of the pressure. This gives an approximation similar to the well known continuous P2–P1 Taylor–Hood element, but with fewer degrees of freedom. The element is a stable non-conforming low order element which fulfils Korn's inequality, leading to stability also in the case where the Stokes equations are written on stress form for use in the case of free surface flow.