The bill establishes a new chapter in Title 7 of the Revised Code of Washington (RCW) that addresses the nonconsensual removal of or tampering with sexually protective devices. It defines key terms such as "consent," "sexual contact," "sexual penetration," and "sexually protective device." The legislation allows individuals who have engaged in sexual contact or penetration to bring a civil action against another person if they had previously agreed to use a sexually protective device, but the other party removed or tampered with it without consent. The bill outlines specific actions that would constitute a violation, including misleading the other party about the use of a device.
Additionally, the bill provides for various remedies for plaintiffs, including compensatory and punitive damages, statutory damages of $5,000 per violation, and the possibility of injunctive relief. It also allows plaintiffs to use pseudonyms in legal actions to protect their identity and specifies that the rights and remedies provided are in addition to any other legal rights. The act is set to take effect on July 1, 2024, and applies to causes of action accruing on or after that date.