Establishing a civil cause of action for nonconsensual removal or tampering with a sexually protective device.
Impact
Upon enactment, AB732 will amend existing Wisconsin statutes, specifically introducing section 895.439 to outline the civil actions available for anyone who falls victim to tampering or misleading practices regarding the use of sexually protective devices. The bill clearly stipulates that individuals engaging in consensual sexual relations must be protected from actions that would nullify the protective intentions of the devices used. Such legal recognitions may lead to increased discussions surrounding sexual ethics and consent and could potentially enhance awareness of sexual health-related issues within the community. Moreover, damages awarded can include compensatory as well as punitive damages, taking into consideration any emotional distress caused by such violations.
Summary
Assembly Bill 732 aims to establish a new civil cause of action in Wisconsin for individuals whose consensual sexual encounters have been compromised by the nonconsensual removal or tampering of sexually protective devices. This is a significant legislative move aimed at enhancing accountability and protection for individuals in intimate relationships where mutual consent related to sexual health is critical. The bill defines various types of sexually protective devices, such as condoms and dental dams, emphasizing their importance in preventing unintended pregnancies and sexually transmitted infections. By creating a legal pathway for victims to seek damages, AB732 reflects an increasing recognition of the necessity of stringent protections in sexual health contexts.
Contention
While the bill aims to provide a safeguard for individuals, its introduction may also spark debates regarding the implications of personal accountability in sexual relationships. Critics may argue whether the bill could lead to increased litigation and its potential impacts on personal relationships. As discussions around consent continue to evolve, lawmakers will need to address concerns related to false accusations or misunderstandings in the context of sexual encounters. Balancing the protection of vulnerable individuals while preserving the integrity of personal relationships will be a crucial aspect going forward.
An Act to Provide for Civil Recovery Based on Nonconsensual Removal of or Tampering with a Condom and Considering Sexual Assault in Evaluating Parental Rights