Utah Legislator Believes Sex With An Unconscious Person Is Not Rape

Courtesy: Wikimedia

 

by JESSIE KARANGU

Lawmakers in Utah are discussing new changes in the state’s law when it comes to dealing with rape.

Rep. Angela Romero has proposed to alter the language used in Utah’s criminal code of sexual assault, according to Fox 13 in Salt Lake City, Utah.

As it stands now, the law states:

“The victim has not consented and the actor knows the victim is unconscious, unaware that the act is occurring, or physically unable to resist.”

Romero wants to remove the first line which states, “the victim has not consented,” and change it to:

“The actor knows that as a result of mental disease or defect, or for any other reason, the victim is at the time of the act incapable either of appraising the nature of the act or of resisting it.”

Rep. Brian Greene disagrees with Romero’s changes and doesn’t believe that all sexual acts committed towards someone who is unconscious should be considered rape.

“I’m not trying at all to justify sexual activity with an unconscious person. It’s abhorrent to me, but do we as a body a legislative body, want to make that rape in every instance?”

Greene continued on to say:

“It looks to me now like sex with an unconscious person is by definition rape, I hope this wouldn’t happen, but this opens the door to it — a individual has sex with their wife while she is unconscious, or the other way around if that is possible, but uh a prosecutor could then charge that spouse with rape.”

Utah’s state legislature is currently taking part in a general session which convenes for 45 days every year to pass, amend or reject new laws for the citizens of the state to follow. The formation of laws begin at committee before they’re presented to the House and Senate.

This specific bill being proposed, known as HB74, passed the committee stage and is now moving to the full house.

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