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Eugene

(61,897 posts)
Thu Apr 28, 2016, 04:14 PM Apr 2016

Oklahoma Legislators Seek Change in Sodomy Law After Ruling

Source: Associated Press

Oklahoma Legislators Seek Change in Sodomy Law After Ruling

By SEAN MURPHY, ASSOCIATED PRESS
OKLAHOMA CITY — Apr 28, 2016, 3:55 PM ET

Outraged Oklahoma lawmakers said Thursday they'll move quickly to change a loophole in the state's forcible sodomy law after the state's highest criminal court ruled it doesn't apply to cases where the victim is unconscious or intoxicated.

State Rep. Scott Biggs, a former prosecutor, said he was "horrified" by last month's decision and is drafting language that legislators could consider as early as next week.

"I think the judges made a grave error, but if they need more clarification, we are happy to give it to them by fixing the statute," said Biggs, R-Chickasha.

The unanimous ruling, first reported by Oklahoma Watch, a nonprofit journalism corporation, said that while Oklahoma's rape law addresses unconscious or intoxicated victims, the forcible sodomy law does not. The court said it could not expand the "fair meaning" of the law to justify someone's prosecution.

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Read more: http://abcnews.go.com/US/wireStory/oklahoma-legislators-seek-change-sodomy-law-ruling-38739045

Earlier LBN thread: Oklahoma court: oral sex is not rape if victim is unconscious from drinking
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Oklahoma Legislators Seek Change in Sodomy Law After Ruling (Original Post) Eugene Apr 2016 OP
That's the response I'm looking for gratuitous Apr 2016 #1

gratuitous

(82,849 posts)
1. That's the response I'm looking for
Thu Apr 28, 2016, 04:17 PM
Apr 2016

If a court can find a loophole in the statute as currently written, then it's up to the legislature to fix it. There's an easy remedy ready to hand: Spell it out in the statute so a court can't possibly engage in legal sophistry to let some creep off the hook.

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