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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOklahoma court rules that forced oral sex is not rape if victim is unconscious from drinking
Not. The. Onion.
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appeals court, is sparking outrage among critics who say the judicial system was engaged in victim-blaming and buying outdated notions about rape.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....
Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation, the decision read. Its reasoning, the court said, was that the statute listed several circumstances that constitute force, and yet was silent on incapacitation due to the victim drinking alcohol. We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.
Kelvin Mace
(17,469 posts)Lil Missy
(17,865 posts)mythology
(9,527 posts)I haven't found the exact statute, but if it is written so that there must be some form of physical force for oral sodomy and the laws around being too intoxicated to consent are for vaginal or anal intercourse.
That said, it would seem to me that the general societal understanding of the law should cover this. But maybe it falls under the same category as rape laws that excluded marital rape that had to be changed via the legislature. The fact that two legal scholars who are also women agreed with the court's ruling does lend credence to the idea that this might need to be legally changed.
It's horrible for the girl who was the victim, but the law is something a very blunt object. Yet I can't quite get past the idea that there should be some room for basic common sense in the law that violating an unconscious person is wrong.
KamaAina
(78,249 posts)DVRacer
(707 posts)I got the whole well oral sex is not sex according to Bill Clinton ,on Facebook from several. My response was go with that until it's your daughter or niece.
KamaAina
(78,249 posts)ManiacJoe
(10,136 posts)ManiacJoe
(10,136 posts)Unfortunately, it would seem that the court is correct.