Staten Island’s State Senator’s Legislation Against Stealthing Passes Senate Floor
Senator Scarcella-Spanton Legislation Protecting People Against Stealthing Passes on New York Senate Floor
Editor’s note: Senator Scarcella-Spanton has also introduced and championed legislation increasing the penalties for electronic stalking and harassment involving apps, Apple Airtags, or other methods to track an individual’s location in order to harass them. First the current harassment law was expanded to include these types of technology use.
STATEN ISLAND, NY – New York State Senator Scarcella-Spanton has successfully passed Senate Bill S4322 on the Senate Floor, creating a private right of action for the unconsented removal or tampering with a sexually protective device. This bill aims to provide an important path for legal recourse for New Yorkers whose consent has been violated.
The bill directly addresses the practice commonly known as “stealthing.” It allows individuals to file a civil lawsuit if a sexually protective device is removed or tampered with without their consent during sexual intercourse, oral sexual conduct, or anal sexual conduct. The bill clarifies that past consent to sexual activity without the use of a sexually protective device does not imply future consent, emphasizing that consent must be explicitly obtained for each sexual encounter.
Victims can seek compensatory and punitive damages under the new law. The court is given discretion to consider the emotional impact of the defendant’s actions, including the risks of sexually transmitted diseases and non consensual pregnancy, when awarding damages. Additionally, the bill provides a clear and comprehensive definition of a “sexually protective device,” ensuring that all protective measures are covered under the law.
“My legislation to combat stealthing acknowledges the serious emotional, financial, and physical harm that victims of nonconsensual condom removal endure. Here in New York, it is so important we emphasize the importance of consent and the right to consent only with the use of contraception. This bill provides a path for recourse to those who have experienced stealthing—because they did not consent to the risk of STIs or an unintended pregnancy, and they should never have been forced to bear the consequences of having their consent disregarded” said Senator Scarcella-Spanton.
Senator Scarcella-Spanton was appointed as Chair of the New York State Senate Committee on Veterans, Homeland Security and Military Affairs, and is a member of the Committees on Civil Service and Pensions, Cultural Affairs, Tourism, Parks and Recreation Disabilities, Labor, and Women’s Issues.
Banner Image: Couple. Image Credit – Toa Heftiba
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