Vote Smart's Synopsis:

Vote to pass a bill that prohibits and civil remedies for survivors of "stealthing" or nonconsensual removal of a sexually protective devices in the state of Washington.

Highlights:

• Authorizes a person who engaged in sexual contact or sexual penetration with another person to bring a civil action against that person if prior to the sexual contact both persons understood and agreed that a sexually protective device would be used and the other person (Sec. 1): 

• Removed the sexually protective device without consent; or

• Knew or became aware the sexually protective device had been unintentionally removed but did not obtain consent to continuing engaging in sexual contact. 

• Prohibits a person from nonconsensually using a sexually protective device that they know is likely to render the device ineffective for its purpose (Sec. 2). 

• Establishes that the misleading of a person bringing them into action of believing the sexually protective device used was not tampered with to be warranted to bring civil action against the offender (Sec. 2). 

• Authorizes the court to award any or all of the following remedies upon request (Sec. 3): 

• Compensatory damages; 

• Punitive damages; 

• Statutory damages of $5,000 per violation; 

• Injunctive relief; and 

• Any other relief the court finds appropriate.

• Authorizes a plaintiff to use a pseudonym in place of the true name of the plaintiff under applicable state laws (Sec. 4). 

• Establishes the effective date as July 1, 2024 (Sec. 5). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits and civil remedies for survivors of "stealthing" or nonconsensual removal of a sexually protective devices in the state of Washington.

Highlights:

• Authorizes a person who engaged in sexual contact or sexual penetration with another person to bring a civil action against that person if prior to the sexual contact both persons understood and agreed that a sexually protective device would be used and the other person (Sec. 1): 

• Removed the sexually protective device without consent; or

• Knew or became aware the sexually protective device had been unintentionally removed but did not obtain consent to continuing engaging in sexual contact. 

• Prohibits a person from nonconsensually using a sexually protective device that they know is likely to render the device ineffective for its purpose (Sec. 2). 

• Establishes that the misleading of a person bringing them into action of believing the sexually protective device used was not tampered with to be warranted to bring civil action against the offender (Sec. 2). 

• Authorizes the court to award any or all of the following remedies upon request (Sec. 3): 

• Compensatory damages; 

• Punitive damages; 

• Statutory damages of $5,000 per violation; 

• Injunctive relief; and 

• Any other relief the court finds appropriate.

• Authorizes a plaintiff to use a pseudonym in place of the true name of the plaintiff under applicable state laws (Sec. 4). 

• Establishes the effective date as July 1, 2024 (Sec. 5). 

Full Bill Text