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Utah House votes to remove marital exemption for sexual assault, passing substitute HB256

Utah House of Representatives · February 25, 1991
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Summary

The Utah House passed substitute House Bill 256 to eliminate the marital exemption for certain sexual offenses, after several hours of debate over consent definitions, evidentiary safeguards and potential for vindictive prosecutions. The substitute passed 59–13 and will go to the Senate.

The Utah House passed substitute House Bill 256, a measure that removes the statutory marital exemption for sexual assault, after extended floor debate and a roll-call vote that the chair recorded as 59 affirmative and 13 negative.

Sponsor Representative Lyon opened discussion, saying the change removes an antiquated exemption and aligns Utah with the majority of states that have moved to protect spouses from sexual violence. "This legislature should set good policy, and that is that this state does not condone violence in homes," Lyon said during his summation.

Members pressed the sponsor on definitions and safeguards. Several lawmakers asked where the bill defined consent; Lyon pointed to section 76-5-406 and…

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