An Act to create 895.439 of the statutes; Relating to: creating a civil cause of action for sexual extortion.
Summary
SB902 would create a new civil cause of action in Wisconsin for people harmed by sexual extortion, which is already a criminal offense under state law. A victim could sue for physical injury, emotional distress, or property loss caused by the prohibited conduct. If the victim is a child, a parent or legal guardian could file the action, and if the victim is deceased, the personal representative of the estate could sue on the victim’s behalf.
The bill also creates a wrongful death remedy when sexual extortion is a substantial causal factor in a victim’s suicide. In those cases, the estate’s personal representative, or the person entitled to recover in a wrongful death action, could bring suit, and the usual wrongful death damage limits would not apply. The bill allows the civil case to proceed whether or not there was a criminal prosecution, and regardless of the outcome of any criminal case.
Impact
SB902 would add a new statute, s. 895.439, expanding civil liability for sexual extortion and giving victims and certain representatives a direct path to seek damages in court. It would authorize recovery of special and general damages, emotional distress damages, punitive damages, and litigation costs including reasonable attorney fees. The bill also includes privacy protections allowing plaintiffs to proceed using initials and requiring courts to protect identifying information and other confidential material from public disclosure.
Sentiment
The bill appears to have been introduced with bipartisan cosponsorship and is framed as a victim-protection measure aimed at strengthening remedies for serious harms caused by sexual extortion. The available record does not include committee testimony or recorded votes on the substance of the bill, but the introduction and sponsorship suggest support for expanding civil remedies and protecting victims’ privacy. The bill ultimately failed to pass pursuant to Senate Joint Resolution 1.
Contention
The main policy issues raised by the bill’s text are the scope of civil liability, the availability of wrongful death claims tied to suicide, and the removal of ordinary wrongful death damage caps in those cases. Another potential point of contention is that the bill permits civil suits even without a criminal case, or after an acquittal or dismissal, which could be viewed as broadening exposure for defendants. The privacy provisions for anonymous pleading and protected identifying information suggest concern about retaliation, embarrassment, and confidentiality for victims, especially minors.