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Senate advances bill to presume lack of consent when victim is unconscious
Summary
Senate sponsors advanced House Bill 74 to amend the statutory definition of 'without consent' so that sexual acts involving an unconscious or unaware victim are presumed nonconsensual; sponsors cited forensic research and survivor cases and the bill was moved for third reading.
Senate sponsors moved House Bill 74 forward after an extended floor presentation explaining a change to the statutory consent standard for sexual assault cases when victims are unconscious or otherwise unable to resist. The measure removes a requirement that prosecutors prove lack of consent in those circumstances so that the absence of consent “is…
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