- Potential benefitCreates civil remedies allowing victims to seek damages and equitable relief for nonconsensual barrier removal.
- StatesIncentivizes states to enact laws via up to 20% increases in Sexual Assault Services Program funding.
- Potential benefitMay deter nonconsensual condom removal, potentially reducing some sexual assault and exposure incidents.
Consent is Key Act
Referred to the House Committee on the Judiciary.
The Consent is Key Act creates a federal incentive for States to authorize civil causes of action for nonconsensual removal of sexual protection barriers (commonly called “stealthing”). If a State has such a law, the Attorney General may increase the State’s Sexual Assault Services Program formula grant by up to 20 percent for a four-year period, renewable up to four times.
Liberals emphasize survivor protections and consent; conservatives emphasize federal influence.
Relative to its intended legislative type, this bill is a clear, focused statutory incentive that modifies federal grant distribution authority to encourage State adoption of specified civil causes of action.
The Consent is Key Act creates a federal incentive for States to authorize civil causes of action for nonconsensual removal of sexual protection barriers (commonly called “stealthing”).
If a State has such a law, the Attorney General may increase the State’s Sexual Assault Services Program formula grant by up to 20 percent for a four-year period, renewable up to four times.
States must include relevant information in grant applications.
Technically simple, low-cost, and incentive-based design improves prospects, but many standalone bills nonetheless stall; some legal and procedural objections possible.
Relative to its intended legislative type, this bill is a clear, focused statutory incentive that modifies federal grant distribution authority to encourage State adoption of specified civil causes of action. It sets out the principal funding mechanism, caps, durations, and necessary definitions, but leaves important implementation detail to the Attorney General and contains limited fiscal linkage and oversight provisions.
Liberals emphasize survivor protections and consent; conservatives emphasize federal influence.
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Federal agenciesUses federal grant incentives to influence state lawmaking, affecting federal–state policy balance.
- StatesMay increase civil litigation, court caseloads, and associated legal costs for defendants and states.
- Potential burdenDefinitions in the bill may be legally ambiguous, prompting litigation over scope and elements.
Why the argument around this bill splits.
Liberals emphasize survivor protections and consent; conservatives emphasize federal influence.
Overall supportive: the bill recognizes bodily autonomy and creates civil remedies for survivors of nonconsensual removal of protection barriers.
It uses existing victim-service grant funding to encourage state-level legal protections without imposing criminal penalties at the federal level.
Moderately supportive but cautious: the bill aims to protect consent and offers measured federal incentives rather than mandates.
It balances state flexibility with a clear definition, yet raises questions about costs, administrative complexity, and potential litigation consequences.
Skeptical: while endorsing consent, this persona worries the bill uses federal grant money to induce state tort-law changes.
Concerns focus on federal overreach, expanded litigation risk, and unclear legal standards creating private lawsuits.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Technically simple, low-cost, and incentive-based design improves prospects, but many standalone bills nonetheless stall; some legal and procedural objections possible.
- No cost estimate or CBO score included in text
- Specifics of implementing regulations left to Attorney General
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Liberals emphasize survivor protections and consent; conservatives emphasize federal influence.
Technically simple, low-cost, and incentive-based design improves prospects, but many standalone bills nonetheless stall; some legal and pr…
Relative to its intended legislative type, this bill is a clear, focused statutory incentive that modifies federal grant distribution authority to encourage State adoption of specified civil causes of action. It sets ou…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.