Stealthing Act of 2024

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8188 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8188

 To create a civil action for non-consensual sexual protection barrier 
                    removal, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2024

 Mrs. Torres of California (for herself, Ms. Bonamici, Ms. Norton, Ms. 
 Lee of California, Ms. Tlaib, Ms. Barragan, Mr. Carter of Louisiana, 
   Ms. Meng, and Mr. Trone) 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 2024''.

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.
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