Affirmative Consent in Sexual Assault Prosecutions

NACDL has actively opposed legislative efforts in Utah to adopt affirmative consent requirements in sexual assault prosecutions.

Utah HB 78, introduced January 6th, 2021, would have created the offense of sexual conduct without affirmative consent. The bill was defeated in committee. 

NACDL opposes this and other legislative efforts to require affirmative consent requirements in sexual assault prosecutions, as doing so shifts the burden of proof in violation of due process and the presumption of innocence. 

Read NACDL's position on ABA Resolution 114, which would have urged legislatures to adopt affirmative consent requirements. 

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