SALT LAKE CITY (ABC 4 Utah) You would think someone who is unconscious wouldn’t be able to consent to sex under Utah law, but one lawmaker says it’s not that cut and dry and she’s hoping to change that.

Prosecutors will tell you the biggest challenge in a sexual assault case is proving there was no consent.

House Bill 74 will make it clear that if someone can’t say no, it doesn’t mean yes.

Talking about sexual assault can be a tough conversation, but it got personal in front of the House Judiciary Committee on Tuesday.

“Sometime in the night I woke up with a man on top of me. It was my boyfriend’s fraternity brother, my friend’s boyfriend was on top of me. He had his hand up my shirt and was kissing on me,” testified ABC 4 Utah Anchor, Kim Fischer.

She shared her experience as a college freshman in support of HB 74.

Senator Todd Weiler is a cosponsor.

“We’re actually closing this gap in the law that I think a lot of people didn’t realize existed,” said Weiler, ( R ) Woods Cross.

That gap is an ambiguous definition of consent under current law.

HB 74 would make it clear that anyone who is unconscious, unaware of what is happening or unable to resist what is happening can not give consent.

Representative Brian Greene brought up concern about what it could mean for married couples or couples with a history.

“We’ve taken any reference to consent out of that. Prior consent, implied consent, consent is no longer a factor,” Greene told the committee.

Bill Sponsor, Representative Angela Romero says that’s not her intent.

“This is not about relationships between two people. This is about addressing power and control. And if somebody has violated somebody, they should be held accountable,” said Romero, (D) Salt Lake City.

Representative Lowry Snow, a former prosecutor says the judicial system will be the final judge.

“I’m confident that in this case the statute needed to be clarified, needed to be fixed and that the language is proper,” said Snow, ( R ) St. George.

To help victims move on the best they can.

“My hope from here is that House Bill 74 will allow women and men who have been victimized to step forward and know there is justice on the other side,” said Fischer.

In the end the bill passed through committee with a favorable recommendation on a unanimous vote.

It will now move on to the full house for debate.