Governor Gary Herbert recently signed House Bill 74 into law, much to the delight of bill sponsors Rep. Angela Romero and Sen. Todd Weiler.
HB74 is a bill that modifies the definition of consent in regards to the criminal code for sexual offenses.
Before the bill was signed, many rape cases wouldn’t even be considered for prosecution because there was no corroborating evidence. This bill allows prosecutors to move forward with the case without any corroborating evidence. Prosecutors will still have to prove beyond a reasonable doubt that a rape occurred.
The bill took shape thanks to the brave rape survivors coming out and talking about their experiences.
Sen. Weiler was moved by a panel discussion at the Hinckley Institute in which speakers were sharing their personal experiences of sexual assault. Some of the rape survivors spoke of instances in which the justice system had failed to prosecute on their behalf because they were unconscious and couldn’t give an account of what happened.
“If the victim is unconscious, it is rape, period,” says Sen. Weiler.
HB74 has great significance for victims of rape in the state of Utah. A big reason some rape cases are not prosecuted is because of the lack of corroborating evidence.
Corroborating evidence supports or backs up initial evidence. It could be a video, witness or documentation that backs up what the victim is saying.
In rape cases where the victim is unconscious and has no memory of the incident, getting that corroboration evidence was impossible. With the passing of HB74, a rape victim does not need that supporting evidence for the case to move forward.
According to some reports, one in five women on college campuses are sexually assaulted, but that number has come under fire.
Critics are stating that the study is flawed. Since victims significantly underreport rape, it is very difficult to get an accurate count.
HB74 will help victims feel that they can report assaults even if they were not conscious during the assault.
