Federal Bill Creates Civil Lawsuit Option for Victims of Non-Consensual Condom Removal

The Stealthing Act of 2025 is straightforward: it creates a new federal path for victims to sue individuals who remove a sexual protection barrier—like a condom or dental dam—during sexual contact without consent. This act, often called 'stealthing,' has previously been addressed primarily at the state level, but this bill aims to create a nationwide civil remedy when the situation crosses state lines or involves interstate commerce.

The New Federal Right to Sue

This legislation confirms that non-consensual barrier removal is a serious violation of bodily autonomy and trust, exposing victims to risks like STDs and unwanted pregnancy (SEC. 2). For the first time, this bill grants a federal civil cause of action (SEC. 3). If you are a victim, you can take the perpetrator to court and ask for compensatory damages (to cover losses and suffering), punitive damages (to punish the wrongdoer), and court orders to stop the behavior.

Think of it this way: if you’re planning sex with someone and agree on using protection, and they secretly remove it, you now have a direct legal path to seek financial recourse and accountability. This is significant because while some states, like California, have specific laws addressing this, many do not. This bill ensures a legal remedy exists, particularly when the act has federal connections.

When Does the Federal Law Apply?

This isn't a blanket federal takeover of all sexual assault cases. To use this specific federal law, the act of stealthing must involve some link to interstate commerce. The bill lists several ways this connection can be established (SEC. 3). For instance, the law applies if the person who removed the barrier:

• Traveled across state or international lines to engage in the act.
• Used the internet, mail, or other interstate communication (like a dating app or email) to plan or further the act.
• Used a protection barrier that itself crossed state lines (which is almost every condom sold in the U.S.).

This commerce requirement is how Congress establishes its authority. It means that while a purely local incident might still fall under state civil laws, any situation involving modern communication or travel—which is nearly all of them—opens the door to this federal lawsuit. For busy people who might have met someone online or traveled for a hookup, this provides a clear, powerful legal tool.

Impact on Accountability

This bill addresses a recognized gap in legal protection. By establishing a clear definition and allowing for punitive damages, the law sends a strong signal that this behavior is not just morally wrong but legally actionable with serious financial consequences. For victims, this is a crucial step toward accountability, particularly since the bill defines a “sexual protection barrier” broadly to include external and internal condoms, dental dams, and any other item used to block the exchange of sexual fluids (SEC. 3).

However, the requirement for the interstate commerce link, while necessary for federal jurisdiction, could lead to some legal wrangling down the road. Courts will have to decide how broad the definition of 'furthering the act' via the internet really is. Still, the core message is clear: if you violate consent regarding protection, you face federal civil liability, and that liability includes potentially hefty financial penalties designed to deter the behavior.