Utah GOP lawmaker: Is sex with unconscious spouse really rape?

SALT LAKE CITY – A Utah lawmaker discussing a bill that would clarify consent in sexual assault cases questioned whether sex with an unconscious spouse constitutes rape.

The measure to require clear consent cleared the House Judiciary Committee Tuesday, after advocates said Utah law doesn’t fully protect victims.

Republican state Rep. Brian Greene said he feared the law would allow prosecutors to charge a man with sexual assault for having sex with his wife while she’s unconscious.

Greene said sex with an unconscious person on a first date shouldn’t be allowed, but it’s different for long-term relationships. He said he’s worried about unintended consequences of the change.

Democratic Rep. Brian King of Salt Lake City said an unconscious person can’t consent, and sex in that situation is rape.

This story was originally published February 4, 2015 at 1:37 PM with the headline "Utah GOP lawmaker: Is sex with unconscious spouse really rape?."