What's happening
This bill allows individuals to sue for damages if a sexually protective device is removed or tampered with without consent during sexual activity.
Why it matters
Empowers survivors of "stealthing" and similar acts. The bill specifically enables individuals to sue if a partner removes, tampers with, or deceives them about using a sexually protective device, directly addressing harms like increased risk of pregnancy or sexually transmitted infections (STIs).
Recognizes emotional and physical harm. Courts are explicitly permitted to consider not only tangible damages but also emotional impacts—such as anxiety over potential STIs or nonconsensual pregnancy—when awarding damages, potentially leading to broader remedies for survivors.
Affirms that consent is specific and ongoing. The legislation clarifies that prior agreement to unprotected sex does not constitute blanket, future consent; each sexual encounter requires explicit agreement on whether protective devices are used.
Preserves other legal rights and protections. The bill ensures that a lawsuit under this act does not reduce or offset other legal remedies or child support obligations, maintaining full access to the range of protections for those affected.
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Who cares
Headline styles
Let Victims Sue Stealthing
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Advanced to third reading cal.459
- Reported
- Print number 1313c
- Amend and recommit to codes
- Referred to codes
- Reported referred to rules
- Print number 1313b
- Amend and recommit to codes
- Reported referred to codes
- Print number 1313a
- Amend and recommit to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Victims Sue for Stealthing
In Senate Committee · Codes · Sponsor Diane J. Savino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1313--C
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. PAULIN, GALEF, MOSLEY, CROUCH, DINOWITZ, SEAWRIGHT -- Multi-Sponsored by -- M. of A. D'URSO, SOLAGES -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and… Show allHide
Introduced by M. of A. PAULIN, GALEF, MOSLEY, CROUCH, DINOWITZ, SEAWRIGHT -- Multi-Sponsored by -- M. of A. D'URSO, SOLAGES -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil rights law, in relation to creating a private right of action for unconsented removal or tampering with a sexually protective device
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil rights law is amended by adding a new section 52-c to read as follows:
§ 52-c. Private right of action for unconsented removal or tampering with a sexually protective device. 1. Any person who engaged in sexual intercourse, oral sexual conduct or anal sexual conduct, as defined in section 130.00 of the penal law, with another person that was mutually agreed upon by the parties involved with the explicit understanding and knowledge that a sexually protective device would be used to help prevent or safeguard against pregnancy or a sexually transmitted infection shall have a private right of action for damages against such other person under any of the following conditions:
(a) The other person intentionally and without consent removed or tampered with such sexually protective device during such sexual intercourse, oral sexual conduct or anal sexual conduct, in a manner likely to render such device ineffective for its common purpose;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01747-06-0
A. 1313--C 2
(b) The other person intentionally and without consent used a sexually protective device during such sexual intercourse, oral sexual conduct or anal sexual conduct that such other person knew had been tampered with in a manner likely to render such device ineffective for its common purpose; or
(c) The other person intentionally misled the person into believing that a sexually protective device was being used by such other person during such sexual intercourse, oral sexual conduct or anal sexual conduct, and such sexually protective device was known by such other person to be either not used or inoperable.
2. Past consent to sexual activity without the use of a sexually protective device shall not alone constitute consent to sexual activity without the use of a sexually protective device at any future time.
3. Damages recovered by a plaintiff pursuant to this section shall include compensatory damages. In addition thereto, the trier of fact may award punitive damages and such other non-monetary relief as may be appropriate. In awarding damages, the court may consider the emotional impact of the defendant's conduct, including but not limited to, the risk of sexually transmitted diseases, and the risk of nonconsensual pregnancy.
4. Nothing in this section shall be deemed to abrogate or otherwise limit any right or remedy otherwise conferred by federal or state law including but not limited to, any right or remedy related to child support, nor shall any award under this section be used to offset child support obligations that may arise in connection with this section.
5. For purposes of this section, the term "sexually protective device" shall mean any one of the following intended to prevent pregnancy or sexually transmitted infection: male or female condom, spermicide, diaphragm, cervical cap, contraceptive sponge, dental dam, or another physical device.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law, and shall apply to acts occurring on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.