January 6, 2022 - Introduced by Senators Agard and Roys, cosponsored by
Representatives Snodgrass, Shelton, Hebl, Cabrera, Subeck, Pope,
Hesselbein, Spreitzer and Sinicki. Referred to Committee on Judiciary and
Public Safety.
SB822,1,3
1An Act to create 895.439 of the statutes;
relating to: establishing a civil cause
2of action for nonconsensual removal or tampering with a sexually protective
3device.
Analysis by the Legislative Reference Bureau
This bill establishes a civil cause of action for damages for nonconsensual
removal or tampering with a sexually protective device. The bill defines a sexually
protective device as a male or female condom, spermicide, diaphragm, cervical cap,
contraceptive sponge, dental dam, or any other physical device intended to prevent
pregnancy or sexually transmitted infection.
Under the bill, a person who engaged in sexual intercourse or sexual contact
that was mutually agreed upon by the parties involved with the explicit
understanding and knowledge that a sexually protective device would be used to help
prevent or safeguard against pregnancy or a sexually transmitted infection has a
civil cause of action against that other person if the other person 1) intentionally and
without consent removed or tampered with the sexually protective device during
sexual intercourse or sexual contact, in a manner likely to render such device
ineffective for its common purpose; 2) intentionally and without consent used a
sexually protective device during such sexual intercourse or sexual contact that the
other person knew had been tampered with in a manner likely to render such device
ineffective for its common purpose; or 3) intentionally misled the plaintiff into
believing that a sexually protective device was being used by that other person
during sexual intercourse or sexual contact, and that sexually protective device was
known by the other person to be either not used or inoperable.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB822,1
1Section
1. 895.439 of the statutes is created to read:
SB822,2,3
2895.439 Action for nonconsensual removal or tampering with a
3sexually protective device. (1) In this section:
SB822,2,44
(a) “Sexual contact” has the meaning given in s. 940.225 (5) (b).
SB822,2,55
(b) “Sexual intercourse” has the meaning given in s. 940.225 (5) (c).
SB822,2,86
(c) “Sexually protective device” means a male or female condom, spermicide,
7diaphragm, cervical cap, contraceptive sponge, dental dam, or any other physical
8device intended to prevent pregnancy or sexually transmitted infection.
SB822,2,14
9(2) Any person who engaged in sexual intercourse or sexual contact with
10another person that was mutually agreed upon by the parties involved with the
11explicit understanding and knowledge that a sexually protective device would be
12used to help prevent or safeguard against pregnancy or a sexually transmitted
13infection has a civil a cause of action for damages against that other person under
14any of the following conditions:
SB822,2,1715
(a) The other person intentionally and without consent removed or tampered
16with the sexually protective device during sexual intercourse or sexual contact, in a
17manner likely to render such device ineffective for its common purpose.
SB822,2,2118
(b) The other person intentionally and without consent used a sexually
19protective device during such sexual intercourse or sexual contact that the other
20person knew had been tampered with in a manner likely to render such device
21ineffective for its common purpose.
SB822,3,4
1(c) The other person intentionally misled the person into believing that a
2sexually protective device was being used by that other person during sexual
3intercourse or sexual contact, and that sexually protective device was known by the
4other person to be either not used or inoperable.
SB822,3,7
5(3) Past consent to sexual activity without the use of a sexually protective
6device shall not alone constitute consent to sexual activity without the use of a
7sexually protective device at any future time.
SB822,3,12
8(4) Damages recovered by a plaintiff under this section shall include
9compensatory damages and, in addition, the court may award punitive damages and
10such other nonmonetary relief as may be appropriate. In awarding damages, the
11court may consider the emotional impact of the defendant's conduct, including the
12risk of sexually transmitted diseases, and the risk of nonconsensual pregnancy.
SB822,3,16
13(5) Nothing in this section may be considered to abrogate or otherwise limit any
14right or remedy otherwise conferred by federal or state law, including any right or
15remedy related to child support. No award under this section may be used to offset
16any child support obligations.
SB822,2
17Section
2.
Initial applicability.
SB822,3,1818
(1) This act first applies to acts occurring on the effective date of this subsection.
SB822,3
19Section
3.
Effective date.
SB822,3,2120
(1)
This act takes effect on first day of the 3rd month beginning after
21publication.
