“To create a civil action for non-consensual sexual protection barrier removal, and for other purposes.”
No CRS summary available for this bill.
This section states congressional findings on stealthing (i.e., non-consensual condom removal during sex), including (1) its definition as a type of sexual violence; (2) California's 2021 civil remedy law as the first state-level prohibition; (3) a 2019 study's report that nearly 10% of male participants engaged in it since age 14, averaging 3.62 times (range of 1–21); (4) a 2019 study's finding that 12% of women have experienced it; (5) a 2018 Australian study's finding that one-third of female respondents and one-fifth of gay male respondents have experienced it; (6) its status as a violation of autonomy, dignity, and trust constituting emotional and sexual abuse; (7) victims' exposure to risks including pregnancy and sexually transmitted diseases; and (8) individuals' right to decide on condom or other barrier use.
This section establishes a federal civil right of action against any person who engages in non-consensual sexual protection barrier removal—defined as removing a sexual protection barrier (e.g., condom, dental dam, or other barrier against sexual fluids) from a body part or object without consent during sexual contact causing such contact—if the conduct satisfies specified interstate or foreign commerce jurisdictional hooks (e.g., defendant travel or use of interstate facilities or instrumentalities; payments, communications, or the barrier itself in interstate commerce; occurrence in federal maritime/territorial jurisdiction; or conduct affecting interstate commerce). A prevailing plaintiff may recover compensatory and punitive damages, injunctive and declaratory relief, and other appropriate relief.