SALEM -- House Republicans on Wednesday tried but failed to pull a bill rewriting a portion of Oregon's rape statute onto the floor for immediate vote.

Under current law, if a woman becomes drunk, blacks out and is raped, courts and prosecutors are allowed to consider how she became intoxicated and vulnerable to the attack.If she became incapacitated by her own actions --such as drinking too much at a party -- then the person accused of attacking her could be charged only with sex abuse in the second degree. The accused would not be charged with the more serious crime of first-degree rape or sex abuse, which carry mandatory minimum prison sentences.

House Bill 2343 would allow prosecutors to charge rape no matter how the victim became vulnerable to attack. But it has been stuck in the Ways and Means Public Safety Committee.

Rep. Vicki Berger, R-Salem, moved to bring the bill out and up for a vote.

Her motion was rejected on a partisan vote but not before Democratic House leaders huddled with each other and with Republicans.

The bill, having already cleared the House Judiciary Committee, likely had enough support to pass. But 32 Democrats including the bill's sponsor, Rep. Sara Gelser, voted to block the Republican attempt.

Gelser, D-Corvallis, said she has been assured the bill will come out of committee before the session ends.

"I feel confident it's going to pass," she said.