Consent is Key Act: States Could Get 20% More Grant Money for Laws on Nonconsensual Barrier Removal

The "Consent is Key Act" is looking to put more federal grant money into the hands of states, but there's a specific condition: states need to have laws on the books allowing folks to take civil action against someone who removes a sexual protection barrier—think a condom or dental dam—without consent during sexual contact. This bill aims to boost funding for existing grants under the Violence Against Women Act of 1994 (VAWA), specifically those tied to the Sexual Assault Services Program, which helps provide services to victims.

More Money on the Table: How States Can Tap In

So, how does this work? If a state has a law that fits the bill's description of addressing "nonconsensual sexual protection barrier removal" (Sec. 7), it can apply for an increase in its VAWA formula grant funding. As outlined in Section 3, states will need to include information about their specific law in their grant application. The potential boost isn't unlimited; Section 4 caps any increase at 20% of the average total grant funding the state received in its last three awards. This increased funding, if granted, is for a 4-year period, and the Attorney General can approve such an increase for a state up to four times (Sec. 5). Essentially, it’s a financial nudge for states to legally recognize this specific violation of consent.

Beyond the Headlines: What This Means for You and Your State

For individuals, particularly in states that enact or already have these laws, this could mean a clearer path to seek civil justice if they experience this form of assault. The Act itself doesn't create these state laws or the right to sue; it incentivizes states to do so by offering more resources. For states, it’s an opportunity to secure additional federal dollars for crucial victim services by addressing what many call 'stealthing.' The grants in question, under Section 41601 of VAWA, support intervention, advocacy, and support services for victims of sexual assault. On the flip side, individuals who engage in nonconsensual sexual protection barrier removal in states with these laws would face potential civil lawsuits. The effectiveness, of course, will hinge on how states craft and implement their own specific statutes.

The Nuts and Bolts: Funding, Timelines, and Key Terms

The bill authorizes $5 million per year to carry out this initiative, running from fiscal year 2026 through 2030 (Sec. 6). It’s pretty clear on definitions too. A "sexual protection barrier" is defined to include items like condoms (internal and external) and dental dams (Sec. 7). The term "nonconsensual sexual protection barrier removal" specifically means taking off such a barrier from someone's body or an object used for sexual contact, without everyone involved consenting, which then leads to sexual contact. This federal bill ties the funding to state-level action, aiming to strengthen legal protections around consent nationwide, one state at a time.