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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOklahoma court: oral sex is not rape if victim is unconscious from drinking
Source: The Guardian
The ruling sparked outrage among critics who argue the judicial system
engaged in victim-blaming and upholding outdated notions about rape
and sexual assault
Molly Redden
Wednesday 27 April 2016 21.47 BST
An Oklahoma court has stunned local prosecutors with a declaration that state law doesnt criminalize oral sex with a victim who is completely unconscious.
The ruling, a unanimous decision by the states criminal appeals court, is sparking outrage among critics who say the judicial system was engaged in victim-blaming and buying outdated notions about rape.
But legal experts and victims advocates said they viewed the ruling as a sign of something larger: the troubling gaps that still exist between the nations patchwork of laws and evolving ideas about rape and consent.
The case involved allegations that a 17-year-old boy assaulted a girl, 16, after volunteering to give her a ride home. The two had been drinking in a Tulsa park with a group of friends when it became clear that the girl was badly intoxicated. Witnesses recalled that she had to be carried into the defendants car. Another boy, who briefly rode in the car, recalled her coming in and out of consciousness.
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Read more: http://www.theguardian.com/society/2016/apr/27/oral-sex-rape-ruling-tulsa-oklahoma-alcohol-consent
lmbradford
(517 posts)Fresh_Start
(11,330 posts)in the mouth of an intoxicated other young man
TeamPooka
(24,226 posts)dixiegrrrrl
(60,010 posts)Dunno about Oklahoma, but down here there is a good chance the girl's daddy might do some justice taking of his own.
Yavin4
(35,438 posts)Film at 11.
Fluothane
(32 posts)brush
(53,778 posts)procon
(15,805 posts)allowed to fill the open SCOTUS seat.
Oklahoma is the perfect example with outdated rape statute that only mention vaginal or anal intercourse. Of course, now that this defense worked the DA says that other defendants are now making the same argument to avoid charges.
The judge in this case wrote; We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.
So listen up all you women in Oklahoma, the War on Women has hit your state hard, and if you're somehow incapacitated and some randy dude forces you to have oral sex, you have no legal redress. You're screwed, literally and figuratively, screwed, and there's not a damned thing you can do about it.
Brickbat
(19,339 posts)thucythucy
(8,052 posts)And there are still people who argue that there is no rape culture.
gratuitous
(82,849 posts)Probably be HB 1 so this doesn't happen ever again to another 16-year-old girl. Right? I mean, Republicans are all about protecting children, especially girls, right now, aren't they?
Huh, crickets! It's a little early in the year for that, but it's been kind of a warm spring around here.
ManiacJoe
(10,136 posts)Unfortunately, the court is correct in this case.
Vinca
(50,271 posts)This is outrageous. It makes you wonder about the predatory sex habits of the judges on that court.
Lee-Lee
(6,324 posts)Courts can only rule on what the law says, and in some cases make the judgement where there is ambiguity. If the law specifically states that rape can only be vaginal or anal penetration then that's what standard they have to apply.
Sucks, but it's 100% the fault of the legislature in that state. Just like if someone steals a tractor and drives it down the road it is theft, but it's not auto theft because the law defines what is an automobile in a way that doesn't include a tractor and a prosecutor and judge can't just decide that since it had an engine and 4 wheels and they drove it down the road that is close enough.
I'm sure they can get other assault charges through for what happened, I'm not familiar enough with the law in that state to say what ones, but as the law is written while the acts may meet what our common sense definition of rape is there is no way any judge would let that charge stick, and if they did it would not hold up on appeal.
This is 100% a problem resulting from the legislature writing a bad law, probably way back when you didn't mention oral sex in public discourse at all, and failing to update it.