In a debate that seems straight out of a court of the Islamic State, Utah legislators are tackling the question of whether or not it’s okay to have sex with an unconscious spouse.
From the Salt lake City Tribune:
“If an individual has sex with their wife while she is unconscious … a prosecutor could then charge that spouse with rape, theoretically,” said Rep. Brian Greene, R-Pleasant Grove.”That makes sense in a first date scenario, but to me, not where people have a history of years of sexual activity.”
Others disagreed. If a person is unconscious, having sex with him or her “is rape. Period. End of story,” said Rep. Brian King, D-Salt Lake City. “Let’s make the statute clear. Let’s not dance around it.”
According to prosecutors, “consent is a decision that has to be made at the time of the act,” said attorney Donna Kelly from the Utah Prosecution Council. “You cannot give consent to sexual activity if you’re unconscious.”
The current law doesn’t adequately protect victims, advocates and others told the House Judiciary Committee at the Capitol on Tuesday.
“I’m not at all trying to justify sexual activity with an unconscious person. It’s abhorrent to me,” Greene said. But he questioned whether sex with an unconscious person should be “rape in every instance — dependent only upon the actor’s knowledge that the individual is unconscious. That’s the question. That’s what I struggle with.”