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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 automatically assumed to be without the consent of the victim,” the sponsor said.
Supporters said the change addresses prosecutorial and evidentiary problems that have led judges to dismiss cases. Sponsor Senator Weiler cited forensic research and victim charts reviewed by a BYU forensic nurse and said the data show a substantial share of victims report being asleep or experiencing loss of consciousness during the assault. “Those numbers strongly support this House Bill 74 amendments, protecting those that are most vulnerable, including sleeping or unconscious people,” he told the Senate.
Opponents and questions during floor discussion were limited on the record; the sponsor emphasized that the presumption can be overcome by affirmative evidence of consent offered by a defendant, and that the change applies only in the described circumstances. The floor proceeded to a motion to read the bill for a third time.
Next steps: the sponsor waived summation and moved HB 74 for third reading; the measure was placed on the calendar for further action.
