Someone who engages in sexual contact or sexual penetration with another person, and removes a sexually protective device without consent from the other party, may be subject to a new civil action. This is called ‘stealthing’!
A victim can take civil action in circumstances where:
- A person engaged in sexual contact or penetration removes a sexually protective device without the plaintiff’s consent
- A person becomes aware that the sexually protective device has been unintentionally removed, but continues to engage in sexual contact or penetration without obtaining the other person’s consent
- A person tampers with a sexually protective device without the plaintiff’s consent in a way that would likely render the device ineffective
A plaintiff who wins their case may receive damages of up to $5,000 per violation. The court will also award costs and reasonable attorneys’ fees to a plaintiff who wins their case.
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