Stealthing Act of 2022
This bill establishes a civil action for the nonconsensual removal of a sexual protection barrier (e.g., a condom). A person may recover compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7920 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7920
To create a civil action for non-consensual sexual protection barrier
removal, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 31, 2022
Mrs. Carolyn B. Maloney of New York (for herself, Mrs. Torres of
California, Mr. Khanna, Mr. Casten, Ms. Lee of California, Ms. Newman,
Mr. Takano, Mr. Lynch, Ms. Barragan, Mr. Blumenauer, Ms. Porter, Mr.
Trone, Ms. Bonamici, Mrs. Watson Coleman, Ms. Adams, Ms. Clarke of New
York, Mr. Carson, Ms. Chu, Ms. Schakowsky, Ms. Velazquez, Mrs.
Cherfilus-McCormick, Ms. Stansbury, Mr. Carter of Louisiana, Mr.
Grijalva, Mr. Garcia of Illinois, Ms. Meng, Ms. Bass, Mr. Larson of
Connecticut, Ms. Moore of Wisconsin, Mr. Danny K. Davis of Illinois,
Ms. Kuster, Ms. Norton, Ms. Tlaib, Mr. Lieu, and Mr. Brown of Maryland)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To create a civil action for non-consensual sexual protection barrier
removal, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stealthing Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Stealthing is a type of sexual violence used to
describe non-consensual condom removal during sex.
(2) In October 2021, California became the first State to
outlaw stealthing at the State level. This law creates a civil
remedy so that victims of stealthing can sue for damages.
(3) A 2019 study from Health Psychology reported that
almost 10 percent of male participants reported engaging in
non-consensual condom removal since the age of 14 years, with
an average of 3.62 times and a range of 1-21 times.
(4) A 2019 study from the Jacobs Institute of Women's
Health found that 12 percent of women have experienced
stealthing.
(5) A 2018 Australian study from PLoS ONE found that one in
three female respondents and one in five gay male respondents
have experienced stealthing.
(6) Stealthing is a grave violation of autonomy, dignity,
and trust that is considered emotional and sexual abuse.
(7) Stealthing exposes victims to physical risks including
pregnancy and sexually transmitted diseases.
(8) People engaging in sexual intercourse have the right to
make decisions about whether to use a condom or other sexual
protection barrier.
SEC. 3. NON-CONSENSUAL SEXUAL PROTECTION BARRIER REMOVAL.
(a) Civil Action.--Any person may commence a civil action against a
person who, in a circumstance described in subsection (b), engages in
non-consensual sexual protection barrier removal.
(b) Circumstances Described.--For the purposes of subsection (a),
the circumstances described in this subsection are that--
(1) the defendant traveled in interstate or foreign
commerce, or traveled using a means, channel, facility, or
instrumentality of interstate or foreign commerce, in
furtherance of or in connection with the conduct described in
subsection (a);
(2) the defendant used a means, channel, facility, or
instrumentality of interstate or foreign commerce in
furtherance of or in connection with the conduct described in
subsection (a);
(3) a payment of any kind was made, directly or indirectly,
in furtherance of or in connection with the conduct described
in subsection (a) using any means, channel, facility, or
instrumentality of interstate or foreign commerce or in or
affecting interstate or foreign commerce;
(4) the defendant transmitted in interstate or foreign
commerce any communication relating to or in furtherance of the
conduct described in subsection (a) using any means, channel,
facility, or instrumentality of interstate or foreign commerce
or in or affecting interstate or foreign commerce by any means
or in manner, including by computer, mail, wire, or
electromagnetic transmission;
(5) any sexual protection barrier described has traveled in
interstate or foreign commerce and was used to perform the
conduct described in subsection (a);
(6) the conduct described in subsection (a) occurred within
the special maritime and territorial jurisdiction of the United
States, or any territory or possession of the United States; or
(7) the conduct described in subsection (a) otherwise
occurred in or affected interstate or foreign commerce.
(c) Penalty.--A person bringing a civil action under subsection (a)
may recover compensatory and punitive damages, injunctive and
declaratory relief, and such other relief as a court may deem
appropriate.
(d) Definitions.--In this section:
(1) Non-consensual sexual protection barrier removal.--The
term ``non-consensual sexual protection barrier removal'' means
removal of a sexual protection barrier from a body part,
including the genitals, or an object being used by a person for
sexual contact with another person without the consent of each
person involved in such sexual contact, causing sexual contact
between the body parts, including the genitals, or objects
being used for sexual contact, and the body of any person
engaged in such sexual contact.
(2) Sexual protection barrier.--The term ``sexual
protection barrier'' includes a condom, including an internal
condom, a dental dam, or any other barrier against sexual
fluids during sexual contact.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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