“Stealthing” Bill Passes in VT

Vermont legislatures passed a bill that creates civil recourse for victims of stealthing — the nonconsensual removal or tampering with a condom during sex.

H. 40 would allow someone who has experienced stealthing to sue the perpetrator in civil court for damages. Right now, as is mostly the case around the country, there is nothing a victim of stealthing can do to hold the perpetrator accountable.

Rep. Barbara Rachelson, who sponsored the bill, modeled the bill after a similar one that passed in California in 2021.

An earlier version of the Vermont bill would have allowed officials to bring criminal charges, but legislators agreed that removing that provision made the bill more likely to pass. Additionally, this also avoids re-traumatizing survivors in a criminal case that requires a higher burden of proof.

Rep. Rachelson provided the following information in support of the bill:

House Bill 40: Nonconsensual Removal or Tampering with a Sexual Protective Device (commonly referred to as ‘stealthing’)

‘Stealthing’ is defined as the nonconsensual removal of a condom during sexual intercourse. Despite limited legal acknowledgement, stealthing is fairly common, causing physical and mental harm to its victims.

‘Stealthing’ turns consensual intercourse (i.e. sex with a condom) into nonconsensual intercourse (i.e. sex without a condom); therefore, sexual violence prevention experts often classify ‘stealthing’ as a form of sexual assault. Unprotected sex increases the risks of unwanted pregnancy and sexually transmitted infections. Victims of ‘stealthing’ often report emotional distress due to feelings of being violated and anxiety related to increased risks of unwanted pregnancy and sexually transmitted infections.