Utah Rep Unsure About Closing 'Loophole' in Rape Definition

[darnkatz]

Omfg.

"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 — an 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."



Why the FUCK would your wife be unconscious while you are having sex with her? YES, that is rape, you fucking asshole.

Utah Lawmaker Unsure About Closing ‘Loophole’ in Rape Definition by Martha Kempner February 4, 2015 - 11:36 am

A bill to clarify the definition of rape—and close what some saw as a
loophole—passed a Utah House Committee yesterday, but not before
sparking some disturbing conversations about what constitutes rape.


The bill, sponsored by Rep. Angela Romero (D-Salt Lake City), seeks to amend current law
to clarify the definition of rape. Romero wants to remove the phrase
“without the consent of the victim” in the provisions related to victims
who are unconscious and unaware.

This would remove the burden on the prosecution to show that the victim
did not consent. She also wants to change a provision so that if a
defendant knows that the victim is “incapable of understanding or
resisting the offense” in the moment, it no longer matters if that
person also knows that the “victim has a mental disease or defect.”

Romero described these changes as beneficial to both the prosecution and the defense.


“The changes will give defendants better notices and opportunities to
prepare their defense, and delete things that are impossible for
prosecutors to prove and are confusing to judges and juries,” Romero told the committee.
“Another reason why this is needed is to prevent those who are
vulnerable from being sexually assaulted by clarifying conditions under
which a sexual act is committed without consent of the victim.”

In the debate that followed, however, one congressman expressed concerns
over the changes regarding unconscious people. Rep. Brian Green
(R-Pleasant Grove) told the committee, “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?”


He went 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 — an 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.


Others at the hearing disagreed with Green and voiced support for the
clarifications. Donna Kelly of the Utah Prosecution Council told the story
of a 2008 case in which a woman woke up in the middle of a rape, but
because the judge felt the prosecution could not adequately “prove an
expression of lack of consent through words or conduct,” the case was
dismissed.



Others at the hearing disagreed with Green and voiced support for the
clarifications. Donna Kelly of the Utah Prosecution Council told the story
of a 2008 case in which a woman woke up in the middle of a rape, but
because the judge felt the prosecution could not adequately “prove an
expression of lack of consent through words or conduct,” the case was
dismissed.


“How can you express anything when you’re unconscious? It needs to change,” Kelly said.


The committee—including Green—voted unanimously
to pass the bill. It now goes to the full house. A senate version of
the bill is being sponsored Sen. Todd Weiler (R-Woods Cross).

[ESF]

ALREADY ON IT!!!!

pandce.proboards.com/thread/416997/keeping-insane-elected-officials-theme

[darnkatz]

Feb 4, 2015 21:00:52 GMT -5 ESF said:

ALREADY ON IT!!!!

pandce.proboards.com/thread/416997/keeping-insane-elected-officials-theme

Dammit. I knew I missed something. I tried to look!