An Act to Provide for Civil Recovery Based on Nonconsensual Removal of or Tampering with a Condom and Considering Sexual Assault in Evaluating Parental Rights
Maine Legislature, Session 131, LD 1683
Committee: Judiciary
Sponsors: MILLIKEN, BENNETT, BOYER, COLLINGS, DANA, PLUECKER, RANA, RIELLY, BEEBE-CENTER, BRAKEY
Amends: 19-A MRSA §1653, 19-A MRSA §4103

Legislative Document
No. 1683
H.P. 1082
House of Representatives, April 18, 2023
An Act to Provide for Civil Recovery Based on Nonconsensual 
Removal of or Tampering with a Condom and Considering Sexual 
Assault in Evaluating Parental Rights
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLIKEN of Blue Hill.
Cosponsored by Senator BENNETT of Oxford and
Representatives: BOYER of Poland, COLLINGS of Portland, DANA of the Passamaquoddy 
Tribe, PLUECKER of Warren, RANA of Bangor, RIELLY of Westbrook, Senators: BEEBE-
CENTER of Knox, BRAKEY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA c. 750 is enacted to read:
CHAPTER 750
CIVIL RECOVERY FOR NONCONSENSUAL REMOVAL OF OR TAMPERING 
WITH A CONDOM
§8305. Civil recovery for nonconsensual removal of or tampering with a condom
1. Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Sexual act" has the same meaning as in Title 17-A, section 251, subsection 1, 
paragraph C.
B. "Tamper" means to alter or use an item in a way that renders the item ineffective.
2.  Liability.  A person who engages in a consensual sexual act with another person 
with the understanding that a condom would be used during the sexual act and who 
knowingly removes or tampers with the condom is liable to the other person in accordance 
with the provisions of this chapter.
3.  Civil recovery.  A person who engages in a consensual sexual act with another 
person with the understanding that a condom would be used during the sexual act has a 
civil cause of action for damages for the nonconsensual removal of or tampering with a 
condom if the other person:
A.  Knowingly removes or tampers with the condom;
B.  Knowingly used a damaged condom; or
C.  Misrepresented the person's intentions to use a condom.
4.  Previous consent.  Consent to engage in a previous sexual act without a condom 
does not constitute consent for engaging in a subsequent sexual act without a condom.
5.  Damages.  Damages awarded in a civil cause of action brought under this section:
A. Must include compensatory damages including medical expenses, lost earnings, 
pain and suffering, emotional distress and loss of enjoyment of life, for damages 
suffered and reasonably certain to occur in the future;
B. May include:
(1)  Punitive damages; and
(2)  Other relief as may be appropriate.
Damages awarded under paragraph B may take into account the emotional impact on the 
person bringing the cause of action, including the risk of nonconsensual pregnancy and 
sexually transmitted disease.
An award made under this section may not be used to offset a child support obligation.
6.  No limitation.  The provisions of this chapter may not be construed to prohibit or 
limit any other cause of action that a person may have against another person who performs 
an action described by subsection 2.
7.  Statute of limitations.  An action brought pursuant to this section must be 
commenced no later than 20 years after the date the actionable conduct occurred.
Sec. 2.  19-A MRSA §1653, sub-§6-D is enacted to read:
6-D.  Considerations for cases in which a child is conceived as a result of sexual 
assault or nonconsensual removal of or tampering with a condom.  The court shall 
establish conditions of parent-child contact in cases in which a child was conceived as a 
result of sexual assault as described in Title 17-A, chapter 11 or nonconsensual removal of 
or tampering with a condom as defined in Title 19-A, section 4102, subsection 7-A as 
follows.
A.  In evaluating parental rights and responsibilities, the court shall evaluate the 
specific facts of the case to assess:
(1)  Whether the sexual assault or nonconsensual removal of or tampering with a 
condom indicates that there may be safety concerns for the child;
(2)  Whether it would be in the best interest of the child for the parent who 
committed sexual assault or nonconsensual removal of or tampering with a condom 
to receive any specific counseling or treatment; and
(3)  Any effect contact between the parents would have on the parent who was a 
victim of sexual assault or nonconsensual removal of or tampering with a condom.
In response to this evaluation, the court shall order any conditions the court concludes 
are appropriate to meet the child’s best interest while minimizing the effect on the 
parent who experienced the sexual assault or nonconsensual removal of or tampering 
with a condom. The court may order specific conditions, including but not limited to 
limiting the contact between the parents or limiting or putting specific conditions on 
parent-child contact, including supervision.
B.  The court may not order a victim of sexual assault or nonconsensual removal of or 
tampering with a condom to attend counseling with the parent who has committed 
sexual assault or nonconsensual removal of or tampering with a condom.
Sec. 3.  19-A MRSA §4103, sub-§1, ¶B, as enacted by PL 2021, c. 647, Pt. A, §3 
and affected by Pt. B, §65, is amended to read:
B.  Who has been a victim of conduct:
(1)  Described as stalking in Title 17‑A, section 210‑A;
(2)  Constituting any crime described in Title 17‑A, chapter 11;
(3)  Described as unauthorized dissemination of certain private images in Title 
17‑A, section 511‑A; or
(4)  Described as aggravated sex trafficking or sex trafficking in Title 17‑A, section 
or 853, respectively.; or
(5)  Constituting a civil cause of action under Title 14, section 8305.
For purposes of this paragraph, the conduct need not have been perpetrated by a family 
or household member, a dating partner or an individual related by consanguinity or 
affinity;
Sec. 4.  19-A MRSA §4103, sub-§2, ¶B, as corrected by RR 2021, c. 2, Pt. A, §40, 
is amended by amending subparagraph (5) to read:
(5)  Described as sexual exploitation of a minor or dissemination of sexually 
explicit material in Title 17‑A, section 282 or 283, respectively; or
Sec. 5.  19-A MRSA §4103, sub-§2, ¶B, as corrected by RR 2021, c. 2, Pt. A, §40, 
is amended by amending subparagraph (6) to read:
(6)  Described as harassment by telephone or by electronic communication device 
in Title 17‑A, section 506, subsection 1, paragraph A‑1 or A‑2.; or
Sec. 6.  19-A MRSA §4103, sub-§2, ¶B, as corrected by RR 2021, c. 2, Pt. A, §40,  
is amended by enacting a new subparagraph (7) to read:
(7)  Constituting a civil cause of action under Title 14, section 8305.
SUMMARY
This bill creates a civil cause of action for the act of nonconsensual removal of or 
tampering with a condom. The bill adds considerations for when a child was conceived by 
sexual assault or nonconsensual removal of or tampering with a condom in awarding 
parental rights and responsibilities. The bill also adds victims of nonconsensual removal of 
or tampering with a condom to the list of persons eligible to seek relief under Title 19-A, 
chapter 103 regarding protection from domestic abuse.