Stealthing Act of 2025

Bill Number

H.R. 3084

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

2025-07-11T08:06:04Z

AI-Generated Summary

Purpose

The Stealthing Act of 2025 aims to address "stealthing," a form of sexual violence involving the non-consensual removal of protective barriers (like condoms) during sexual activity. It establishes a federal civil remedy, allowing victims to sue perpetrators for damages, emphasizing the violation of consent, autonomy, and health risks such as unintended pregnancy or sexually transmitted infections.

Key Provisions

• Civil Action Availability: Any person can file a lawsuit in federal court against someone who removes a sexual protection barrier without consent during sexual contact, provided the incident meets specific jurisdictional criteria (detailed below).
• Jurisdictional Circumstances: The law applies if the act involves interstate or foreign commerce in any of these ways:
• The perpetrator traveled across state lines or used interstate travel means in connection with the act.
• Interstate communication, payment, or facilities (e.g., phone, internet, mail) were used to facilitate the act.
• The protection barrier itself (e.g., a condom) crossed state lines.
• The act occurred in federal jurisdictions like U.S. territories, maritime areas, or otherwise affected interstate commerce.
• Remedies: Successful plaintiffs can seek compensatory damages (to cover losses like medical costs), punitive damages (to punish and deter), injunctive relief (court orders to stop behavior), declaratory relief (court statements clarifying rights), and other appropriate remedies.
• Definitions:
• Non-consensual sexual protection barrier removal: Removing a barrier (e.g., from genitals or an object used in sex) without all parties' consent, leading to unprotected sexual contact.
• Sexual protection barrier: Items like condoms (internal or external), dental dams, or any barrier preventing sexual fluid exchange.
• Congressional Findings: The bill includes data on stealthing's prevalence (e.g., 10-12% of people affected based on studies), its abusive nature, and health risks, noting California's 2021 state law as a precedent.

Significant Changes to Existing Law

• This introduces the first federal civil remedy specifically for stealthing, expanding beyond state-level laws (e.g., California's civil suit option). Previously, such acts might fall under general sexual assault or battery laws, but lacked a targeted federal civil mechanism.
• It leverages the Commerce Clause of the U.S. Constitution to establish federal jurisdiction, similar to laws on violence against women (e.g., VAWA), but focuses narrowly on consent in barrier use rather than broader assault definitions.

Potential Impacts

• On Citizens: Empowers victims (primarily women, but also men and LGBTQ+ individuals) to seek justice without proving criminal intent, potentially increasing reporting and deterrence of stealthing. It promotes awareness of consent in sexual health decisions.
• On Government Agencies: The federal judiciary will handle cases, possibly increasing caseloads in U.S. District Courts. No new agencies are created, but it aligns with Department of Justice efforts on sexual violence.
• On International Relations: Minimal direct impact, though it could influence U.S. advocacy for global standards on sexual consent in international forums or aid programs.
• Broader societal effects include reduced health risks from unprotected sex and stronger enforcement of bodily autonomy.

Main Stakeholders Affected

• Victims/Survivors: Primarily women and sexual minorities who experience stealthing, gaining a tool for civil recourse.
• Perpetrators: Individuals (often men) engaging in non-consensual removal, facing potential financial liability.
• Legal and Advocacy Groups: Organizations like women's rights advocates (e.g., those behind the bill's introduction) and legal aid providers, who may litigate or educate on the law.
• Healthcare Providers: Indirectly affected through increased focus on STI/pregnancy prevention counseling.
• State Governments: Complements state laws, potentially reducing state court burdens for interstate cases.

Notable Legal, Constitutional, or Political Implications

• Legal: Broadens civil rights protections under federal law, treating stealthing as a standalone violation of consent. It avoids criminal penalties, focusing on civil suits to lower proof burdens (preponderance of evidence vs. beyond reasonable doubt).
• Constitutional: Relies on Congress's power to regulate interstate commerce, which could face challenges if seen as overreaching into private sexual conduct (echoing privacy rights in cases like Griswold v. Connecticut). However, it aligns with precedents protecting intimate decisions.
• Political: Sponsored by Democratic representatives, it highlights bipartisan potential in addressing gender-based violence amid #MeToo movements. Passage could spur similar state laws, but debates may arise over federal vs. state authority and defining consent.

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. Clarke, Yvette D. [D-NY-9], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Larson, John B. [D-CT-1], 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

• Stealthing Act of 2025 — issued 2025-04-29 — PDF (5 pages)