The Consent is Key Act would create a federal incentive program to encourage states to pass civil-liability laws against individuals who nonconsensually remove sexual protection barriers (such as condoms or other barriers used during sexual contact). States that have such a law would be eligible for an increased portion of federal funding under the Violence Against Women Act’s Sexual Assault Services Program (SASP). The increase would be up to 20% of a state’s average SASP funding over its three most recent grants, lasting for four years per grant period and available for up to four increases. The bill also authorizes $5 million annually for 2026–2030 to support these increases and requires states to submit information about their laws as part of grant applications. In short, the bill uses federal grant money as a carrot to push states to enact civil-damages provisions for nonconsensual removal of sexual protection barriers, with defined terms and specific funding mechanics tied to SASP funding.
Key Points
- 1Purpose and incentive: States are encouraged to pass civil-damages and equitable-relief laws for nonconsensual removal of sexual protection barriers; such states receive increased SASP formula grant funding.
- 2Eligible grants: The increase applies to “covered formula grants” (defined as SASP grants under the Violence Against Women Act).
- 3How increases are calculated: The increase to a state's SASP funding can be up to 20% of the average amount awarded to the state under the covered formula grant in the three most recent awards.
- 4Duration and limits: Each increase lasts four years; a state may receive the grant increase no more than four times.
- 5Funding and definitions: The bill authorizes $5 million per year for 2026–2030 and defines key terms, including what constitutes nonconsensual removal of a sexual protection barrier and what a sexual protection barrier includes (e.g., condoms, dental dams).