Probably explains why you see so many judges buying women drinks.
Tulsa prosecutors say they are angry over a ruling by Oklahoma’s highest criminal court that the state’s forcible sodomy law doesn’t apply when the victim is intoxicated or unconscious.
The decision by the Oklahoma Court of Criminal Appeals contrasts with a national push to step up enforcement of sexual assault laws and toughen rules of sexual consent.
On March 24, the Court of Criminal Appeals found that because of the way the state’s sodomy law is written, “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 defendant in this case was 17 at the time of the 2014 incident, in which he was accused of forcing a heavily intoxicated 16-year-old girl into oral sex. Court records note the girl's blood alcohol content was high enough to be considered severe alcohol poisoning, and witnesses said she was falling in and out of consciousness while being driven home. The defendant says the oral sex was consensual and the victim's idea, even though the girl says she can't remember the event. The defendant's lawyer argued that "you can't substitute force with intoxication under the law" and that the state shouldn't have tried to "rewrite statute and add an element."
Tulsa prosecutors say they are angry over a ruling by Oklahoma’s highest criminal court that the state’s forcible sodomy law doesn’t apply when the victim is intoxicated or unconscious.
The decision by the Oklahoma Court of Criminal Appeals contrasts with a national push to step up enforcement of sexual assault laws and toughen rules of sexual consent.
On March 24, the Court of Criminal Appeals found that because of the way the state’s sodomy law is written, “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 defendant in this case was 17 at the time of the 2014 incident, in which he was accused of forcing a heavily intoxicated 16-year-old girl into oral sex. Court records note the girl's blood alcohol content was high enough to be considered severe alcohol poisoning, and witnesses said she was falling in and out of consciousness while being driven home. The defendant says the oral sex was consensual and the victim's idea, even though the girl says she can't remember the event. The defendant's lawyer argued that "you can't substitute force with intoxication under the law" and that the state shouldn't have tried to "rewrite statute and add an element."