Consent is Key Act
- Bill Number
- H.R. 3083
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Law
- Status
- Introduced
- Latest Action
- 2025-04-29: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-07-11T08:05:58Z
AI-Generated Summary
Purpose of the Legislation
The Consent is Key Act (H.R. 3083) aims to encourage states to enact laws that allow victims to sue for damages and other remedies in cases of "stealthing"—the nonconsensual removal of barriers like condoms during sexual activity. It does this by offering increased federal funding to states that pass such laws, promoting stronger protections against nonconsensual sexual acts.
Key Provisions
- Funding Incentive: The U.S. Attorney General must increase funding for a state under the Sexual Assault Services Program (SASP, a grant program under the Violence Against Women Act of 1994 that supports services for sexual assault victims) if the state has a law allowing civil lawsuits for damages and equitable relief (such as court orders to stop harmful behavior) against individuals who remove sexual protection barriers without consent.
- Application Process: States applying for the funding increase must provide details about their relevant law to the Attorney General.
- Amount of Increase: The boost can be up to 20% of the state's average funding from the three most recent SASP awards.
- Duration and Limits: The increased funding lasts for 4 years per qualifying law, and a state can receive this boost no more than 4 times total.
- Funding Authorization: Congress authorizes $5 million annually from fiscal years 2026 through 2030 to support these grant increases.
- Definitions:
- Nonconsensual sexual protection barrier removal: Removing a barrier (e.g., from genitals or objects used in sexual contact) without everyone's consent, leading to unwanted sexual contact.
- Sexual protection barrier: Items like condoms (including internal ones), dental dams, or other shields against bodily fluids during sex.
Significant Changes to Existing Law
This bill does not directly amend federal or state laws but introduces a financial incentive mechanism tied to the SASP. It builds on the Violence Against Women Act by linking grant funding to state-level civil remedies for a specific form of sexual misconduct, which is not currently addressed uniformly across states. No states are required to act; participation is voluntary.
Potential Impacts
- On Government Agencies: The Department of Justice (via the Attorney General) will administer the grant increases, potentially increasing administrative workload for reviewing state applications and distributing funds.
- On Citizens: Victims of nonconsensual barrier removal gain access to civil lawsuits in incentivized states, providing financial compensation and other remedies. This could empower survivors by recognizing "stealthing" as a actionable harm, potentially increasing reporting and support services funded by SASP.
- On International Relations: No direct impacts, as the bill focuses on domestic state-federal dynamics.
Main Stakeholders Affected
- States and State Governments: Primary beneficiaries or participants, as they can gain extra funding by enacting qualifying laws, affecting state budgets for victim services.
- Sexual Assault Victims and Survivors: Directly impacted through potential new civil rights to sue perpetrators.
- Federal Government (Department of Justice): Responsible for implementing the program and allocating funds.
- Advocacy Groups and Service Providers: Organizations supporting violence against women (e.g., rape crisis centers) may see expanded resources in participating states.
- Perpetrators of Sexual Misconduct: Could face new civil liabilities in states that adopt the encouraged laws.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens civil accountability for consent violations without creating federal crimes, relying on state action. It defines "stealthing" clearly to avoid ambiguity in lawsuits, potentially setting precedents for recognizing non-physical sexual harms.
- Constitutional: Aligns with federalism by incentivizing (rather than mandating) state laws, avoiding direct challenges under the 10th Amendment (which reserves powers to states). No apparent free speech or privacy issues, as it targets nonconsensual acts.
- Political: Highlights bipartisan or progressive priorities on consent and gender-based violence, introduced by Democratic representatives. It could spur state-level reforms but faces hurdles if viewed as overreach into personal sexual conduct; the voluntary nature mitigates controversy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Torres, Norma J. [D-CA-35]
Cosponsors (8)
Rep. Stansbury, Melanie A. [D-NM-1], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Larson, John B. [D-CT-1], Rep. Clarke, Yvette D. [D-NY-9], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Tlaib, Rashida [D-MI-12], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Chu, Judy [D-CA-28]
Recent Actions
- 2025-04-29: Referred to the House Committee on the Judiciary.
- 2025-04-29: Introduced in House
- 2025-04-29: Introduced in House
Bill Versions
- Consent is Key Act — issued 2025-04-29 — PDF (4 pages)