If enacted, the Stealthing Act would provide victims with a formal mechanism to seek justice and compensation for damages resulting from stealthing incidents. By allowing victims to sue for compensatory and punitive damages and other forms of relief, the legislation represents a significant step towards acknowledging the seriousness of stealthing and its impacts on individuals’ health and wellbeing. This law also aligns with similar legal changes made in states like California, where stealthing has already been outlawed, potentially influencing other states to consider similar legal frameworks.
Summary
House Bill 3084, referred to as the 'Stealthing Act of 2025', aims to create a civil action for individuals who have experienced non-consensual removal of sexual protection barriers, such as condoms. This legislation emerges in response to increasing recognition of stealthing as a form of sexual violence, which undermines autonomy and exposes victims to potential physical consequences, including sexually transmitted infections and unwanted pregnancies. The act defines non-consensual sexual protection barrier removal and outlines circumstances under which individuals can bring civil actions against offenders, particularly when interstate commerce is involved.
Contention
The bill has generated discussions around the implications of defining and prosecuting stealthing. Proponents argue that it brings crucial legal recognition to an often-overlooked issue, providing victims with necessary legal recourse. However, concerns have been raised regarding the ease of proving non-consensual behavior in courts and the potential for misuse of the law. Critics may question whether the bill adequately protects the rights of accused individuals, thus highlighting the need for careful legislative language that balances victim protection with fair legal processes.
To direct the Secretary of Health and Human Services to conduct a study to assess the unintended impacts on the health and safety of people engaged in transactional sex, in connection with the enactment of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 and the loss of interactive computer services that host information related to sexual exchange, to direct the Attorney General to submit a report on human trafficking investigations and prosecutions in connection with the same, and for other purposes.