Senate orders third reading of H40 to create civil remedy for nonconsensual condom removal

The Senate adopted the judiciary committee's report on H40 and ordered the bill for third reading. The senator from Bennington reviewed legal scholarship and committee edits and said the bill places remedies for nonconsensual condom removal—commonly called 'stealthing'—as a private civil action under Title 12 rather than as a criminal offense under Title 13.

"Non consensual condom removal during [sex] exposes victims to physical risk of pregnancy and disease," the senator from Bennington read from a journal excerpt during remarks and described two possible legal approaches discussed in scholarship: a risk-based overcriminalization concern versus a theory treating stealthing as nonconsensual conduct requiring civil or criminal remedies. The committee adopted changes suggested by its members and requested concurrence of the Senate.

The Senate adopted the committee report by voice vote and ordered H40 for third reading.

Next steps: H40 will return for third reading; no floor passage was recorded in this session.