Court: Forced Oral Sex Is Not Rape If Victim Is Drunk Or Unconscious

MI2AZ

Active Member
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."
 

MI2AZ

Active Member
Another way to control women's bodies?

Maybe they are arguing that being so intoxicated they won't remember giving consent?
 

MI2AZ

Active Member
This is a baaad ruling. We are going to be seeing a lot of unconscious or intoxicated sheep around here.
 

Robadat

Member
That's a very bad ruling. I haven't looked up the Law to see why it led to that ruling. Glad to see the Oklahoma legislature quickly get to work on fixing the Law to protect these victims...
Outraged Oklahoma lawmakers say they'll move quickly to change a loophole in the state's forcible sodomy law after the state's highest criminal court found it doesn't apply to cases where the victim is unconscious or intoxicated.
 

Greg T.

The Jizz Slinger
That's a very bad ruling. I haven't looked up the Law to see why it led to that ruling. Glad to see the Oklahoma legislature quickly get to work on fixing the Law to protect these victims...
My guess is when someone is intoxicated they are no longer capable of making a rational decision. Therefore, neither consent nor resistance can be used in a court of law,.
 

Robadat

Member
My guess is when someone is intoxicated they are no longer capable of making a rational decision. Therefore, neither consent nor resistance can be used in a court of law,.
I don't know. The Rape law there doesn't seem to have that problem, must be something differently written or omitted in the sodomy law to protect intoxicated persons...
A bit too busy today to look at the two laws to see why this happened.
 

MI2AZ

Active Member
Don't worry, the laws will change when more men get intoxicated and pass out and then find out some other man raped them while they were unconscious.
 
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