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KamaAina

(78,249 posts)
Wed Apr 27, 2016, 10:18 PM Apr 2016

Oklahoma court rules that forced oral sex is not rape if victim is unconscious from drinking

Not. The. Onion.

An Oklahoma court has stunned local prosecutors with a declaration that state law doesn’t criminalize oral sex with a victim who is completely unconscious.

The ruling, a unanimous decision by the state’s 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appeals court, is sparking outrage among critics who say the judicial system was engaged in victim-blaming and buying outdated notions about rape.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 nation’s 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.”


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Oklahoma court rules that forced oral sex is not rape if victim is unconscious from drinking (Original Post) KamaAina Apr 2016 OP
Dafuq? Kelvin Mace Apr 2016 #1
I think he is saying it was a bad statute - needs to be amended or rewritten. Lil Missy Apr 2016 #2
I think you're right mythology Apr 2016 #3
Lesser included charges? KamaAina Apr 2016 #5
I live here yeah me DVRacer Apr 2016 #4
Enjoy your stay. KamaAina Apr 2016 #6
Link to a lengthy article: ManiacJoe Apr 2016 #7
The court is saying the Leg wrote a bad law. ManiacJoe Apr 2016 #8
 

mythology

(9,527 posts)
3. I think you're right
Wed Apr 27, 2016, 10:55 PM
Apr 2016

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.

DVRacer

(707 posts)
4. I live here yeah me
Wed Apr 27, 2016, 10:59 PM
Apr 2016

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.

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