Allows victims of stealthing to sue their perpetrators for damages in federal court.
Norma Torres
Representative
CA-35
The Stealthing Act of 2025 allows individuals to sue someone who removes a sexual protection barrier without consent during sexual contact, resulting in unprotected contact. This applies if interstate commerce was used to further the act, or if the act occurred within U.S. jurisdiction. Penalties for the defendant in a civil action include compensatory and punitive damages, injunctive and declaratory relief, and other relief as determined by the court.
A new piece of legislation, titled the "Stealthing Act of 2025," is on the table, aiming to address the act of non-consensual condom removal during sexual contact, commonly known as 'stealthing.' The bill explicitly defines this act as a form of sexual violence and, crucially, proposes to give individuals a federal path to sue for damages if they've been subjected to it.
So, what's the big deal? According to Section 2 of the bill, Congress has found that stealthing isn't just a breach of trust; it's an act that violates autonomy and dignity. The bill highlights studies indicating that nearly 10 percent of male participants reported engaging in stealthing, and 12 percent of women have experienced it. It's not a victimless act – it exposes individuals to physical risks like unintended pregnancies and sexually transmitted diseases. The core idea here, as stated in the bill, is that everyone has the right to make decisions about using protection during sex. This federal proposal also notes that states like California have already taken steps, outlawing stealthing in 2021 and allowing victims to sue for damages.
If this bill passes, Section 3 lays out a new tool for recourse. It would allow a person to file a civil lawsuit against someone who removes a sexual protection barrier (like a condom or dental dam) without their consent during sexual contact, resulting in unprotected contact. This isn't a criminal charge, but a civil one – meaning the goal is to seek remedies for the harm done.
What kind of remedies? The bill specifies a few:
There's a catch for it to be a federal case: the act must have involved interstate commerce (think using the internet to arrange a meeting, traveling across state lines, or making payments related to the encounter) or occurred within U.S. jurisdiction. This is what gives the federal government a hook to legislate on the matter.
This bill is about more than just lawsuits; it's about setting a clear standard. By providing a federal civil remedy, the Stealthing Act of 2025 aims to formally recognize the harm caused by non-consensual condom removal on a national level. For individuals who experience this, it could mean a more accessible path to seeking justice and compensation, regardless of varying state laws (though some states may already have protections). It also sends a pretty strong message that consent isn't a one-time agreement but an ongoing process, and that unilaterally revoking an agreement about protection has serious legal consequences. The idea is to empower individuals and potentially deter the act by making the repercussions clear and actionable in federal court.