Oklahoma court: oral sex is not rape if victim is unconscious from drinking
Source: Guardian
Oklahoma court: oral sex is not rape if victim is unconscious from drinking
The ruling sparked outrage among critics who argue the judicial system engaged in victim-blaming and upholding outdated notions about rape and sexual assault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
@mtredden
Wednesday 27 April 2016 16.47 EDT Last
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appeals court, is sparking outrage among critics who say the judicial system was engaged in victim-blaming and buying outdated notions about rape.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.
Read more: http://www.theguardian.com/society/2016/apr/27/oral-sex-rape-ruling-tulsa-oklahoma-alcohol-consent
world wide wally
(21,743 posts)fred v
(271 posts)And I'm sure they have those daughters on a regular basis!
NCjack
(10,279 posts)JustinL
(722 posts)From the article:
This is a call for the legislature to change the statute, which is entirely out of step with what other states have done in this area and what Oklahoma should do, she said. It creates a huge loophole for sexual abuse that makes no sense.
Jennifer Gentile Long, who leads a group, AEquitas, that guides prosecutors in sexual and domestic violence cases, agreed. She said the Oklahoma law was an example of a gulf that still exists in some places between the law and evolving notions around consent and sexual agency.
Are Michelle Anderson and Jennifer Gentile Long also "sick"?
lapfog_1
(29,205 posts)to never set foot in a red state again... there is this bit of stupidity.
Little Tich
(6,171 posts)drm604
(16,230 posts)This makes no sense.
christx30
(6,241 posts)misinterpreted. An unconscious person is 100% unable to give consent.
From what I remember, the only time I remember unconsciousness equals consent is the Heimlich maneuver.
Was the young lady choking on broccoli at the time? No? Then it was &@&@ rape!
Behind the Aegis
(53,957 posts)There are more coming down the pike too.
Of course, this "opinion" isn't just held by conservatives. It also depends on the victim and, in some cases, the sex of the attacker. If there is no consent, then it is rape/sexual assault. Rape is rape, regardless of the attacker or the victim. I find it troubling how many people try to find "outs" in regards to rape and sexual assault.
TygrBright
(20,760 posts)...it's not rape.
Got it.
When does the evacuation of young women from the State of Oklahoma begin? We can probably find shelter for a few here.
wearily,
Bright
Silver_Witch
(1,820 posts)How is it 2016 and we have not made a national regulation/rule/law that rape is illegal. Period. All rape not just icky rape caught on video that is aggresious.
McCamy Taylor
(19,240 posts)olddad56
(5,732 posts)cynzke
(1,254 posts)floppyboo
(2,461 posts)Crash2Parties
(6,017 posts)olddad56
(5,732 posts)then has oral sex with her while she is unconscious, that would be okay with the judges who made this ruling. I think this one just might get overturned.
Ino
(3,366 posts)with themselves as the victims. Would they think it OK then?
cynzke
(1,254 posts)That they'd order the death penalty if their sons were the victims
Silver_Witch
(1,820 posts)Asshats one and all!
Helen Borg
(3,963 posts)mdbl
(4,973 posts)must be something weird in it.
freebrew
(1,917 posts)Dustlawyer
(10,495 posts)Just wanted to make sure I had this right, because that must be what Jeebus would do!
Bernardo de La Paz
(49,002 posts)Bonobo
(29,257 posts)Why do they have to make a claim like "state law doesnt criminalize oral sex with a victim who is completely unconscious." --which is so patently ridiculous?
If they want to argue that she gave a blowjob of her own free will, fine, but why does it have to get blown up into such a silly broad ruling (or claim)?
jberryhill
(62,444 posts)As noted in the article:
"But several legal experts declined to fault the appeals court, saying instead that the ruling should be a wake-up call for legislators to update Oklahomas laws.
Michelle Anderson, the dean of the CUNY School of Law who has written extensively about rape law, called the ruling appropriate but the law archaic."
We don't prosecute criminals based on feelings, but on what the statute says. There is an apparent flaw in the Oklahoma rape statute which does not cover the circumstances here.
sinkingfeeling
(51,457 posts)malthaussen
(17,195 posts)Common sense has little to do with the law. The problem illustrated is that the legislators are incapable of writing a statute that is clear and complete.
-- Mal
jberryhill
(62,444 posts)I would assume that the relevant Oklahoma statute needs to be updated.
freebrew
(1,917 posts)the girl , 16, is not old enough to give consent. Drunk/drugged/asleep or not.
Isn't that federal?
jcgoldie
(11,631 posts)AuntPatsy
(9,904 posts)Phlem
(6,323 posts)That's some fucked up shit.
Where'd they get their legal degrees, Wallmart School of Law?
Blue_Adept
(6,399 posts)So they're doing their jobs right. I think it's the third or so post upstream from the top that talks about it.
avaistheone1
(14,626 posts)Calista241
(5,586 posts)Eugene
(61,899 posts)Source: Associated Press
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
smirkymonkey
(63,221 posts)God, I swear things just continue to get worse and worse for women and girls in this country. We might as well get it over with and declare Sharia law.