The state of Utah is revising its rape statute. But some lawmakers, like Rep. Brian Greene, think it may be going too far – specifically by suggesting that it’s always rape when you have sex with a person who is unconscious.
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.”
Greene to be arguing for a sort of frequent flyer exception to the state’s rape laws.
Green later made clear that while he did not support having sex with unconscious people, he questions whether sex with an unconscious person was “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.”
You can hear the actual exchange here at about 1:01 in. The audio is actually a bit more wild than the Tribune article suggests. Greene actually gives a whole new meaning to the phrase “open door policy” – which he uses to refer to a spouse who gave advance consent to have sex with him or her while they are unconscious or incapacitated.
[Thanks to TPM Reader RPC for flagging this article.]
