NEW YORK — Victims of ‘stealthing’ – nonconsensual condom removal or destruction – could sue their sexual partners if a newly proposed law passes in New York.

Sex with and without a condom have involve different amounts of risk, so men or women who remove or tamper with condoms should be liable for monetary damages, according to Assemblywoman Amy Paulin (D-Scarsdale). Her legislation focuses on it as a civil matter; earlier proposed legislation says stealthing should be a felony.

“By passing this legislation, New York would recognize that victims of nonconsensual condom removal experience real harms – emotional, financial and physical – to which the law might provide remedy through compensation or simply an opportunity to be heard and validated,” Paulin wrote in the bill.

Stealthing increases the risk of pregnancy and the spread of sexually transmitted diseases.

Paulin chose to craft a bill focused on civil measures because sexual assault cases can be difficult to prosecute. The legislation is meant to give victims options.

Her proposed measure has not been scheduled for a vote.