Oklahoma: Forced oral sex not rape if victim is unconscious

[Morphine Prince 109,984]

The court's decision involves 2014 accusations against a 17-year-old boy accused of sexually assaulting a 16-year-old female schoolmate after smoking marijuana and drinking in a Tulsa park.

After the girl became incapacitated and unable to walk -- her blood-alcohol level was later found to be four times the legal limit to drive -- two friends carried her to the suspect's car, who allegedly forced her to perform oral sex.

The boy initially told police that it was all consensual, but the girl told investigators that she had no memory of it.

Prosecutors charged the boy with first-degree rape and forcible oral sodomy. The rape charge was later dropped due to lack of evidence.

A district court judge then dismissed the forcible oral sodomy charge based on the wording of the state law. It is distinct from the laws for rape, which is defined in the state as a forced act of "sexual intercourse involving vaginal or **** penetration." The ruling was appealed to the Oklahoma Court of Criminal Appeals, which upheld the lower court's decision.

In its ruling, the court dismissed the charge because unconsciousness and intoxication are not mentioned in the state's forcible sodomy law.

"We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language," the court ruled.

They are now working on fixing the law.

Source: http://www.cnn.com/2016/04/29/us/oklahoma-sodomy-laws-inebriation/index.html?sr=fbCNN042916donald-trump-california-protest0712AMVODtopLink&linkId=23981610

 

[CakeLikeLG 6,275]

Wtf 

[TiphEret 1,320]

This is disgusting and a clear message to victim of sexual assault: we don't care about you. Honestly I am shocked that forcing your penis into someone is not considered rape. 

[Erotica 34,931]

That's f*cked up  All kinds of sexual acts against your will should be considered as rape. Silence does not mean yes.

[GloZell Green 11,723]

I don't want to live in this world anymore. How can people with common sense vote for this?

[littlepotter 76,625]

Are they serious?! Do these people have no hearts? Don't they have any sons or daughters?

'Daddy, a boy from school put his **** in my mouth'

'Were you awake?'

'No'

'Oh well!'

[monstereo 1,232]

3 minutes ago, Bellatrix said:

That's f*cked up  All kinds of sexual acts against your will should be considered as rape. Silence does not mean yes.

Who said she was silent?

It says she has no memory

[JusKeepBreathin 19,311]

Disgusting, maybe a bunch of guys should get together get him drunk and stick their penis in his mouth. At least we know it wouldn't be rape. Gross

[GagaMegaFan 3,784]

What did I just read?! That's bullshit

[Erotica 34,931]

3 minutes ago, monstereo said:

Who said she was silent?

It says she has no memory

"unconscious" is mentioned a few times in the article, including the threads title.
I meant in in general, not just this girl.

[Luiz 4,253]

so everyone was drunk and high and she doesnt remember what happened.

they're definitely not going to rule in your favor

[Didymus 34,380]

But the girl said she didn't remember anything (including if she was conscious or not). Why is everyone taking her side, acting like she was most definitely assaulted?

Looks like your reverse-Warholian "assault victims aren't heard" dynamic. Ugly.

They're working on the law because they realized it's inadequate, which should be the subject of the discussion. Y'all should be thrilled. This isn't even about whether the girl was assaulted or not, which we clearly don't even have the possibility of knowing. This is about the fact that in another case where a girl would remember she was orally assaulted, this law might make the guilty party immune.

Not surprised anyway. This forum doesn't have a high level of reading comprehension skill.

[andy232000 13,286]

12 minutes ago, Didymus said:

But the girl said she didn't remember anything (including if she was conscious or not). Why is everyone taking her side, acting like she was most definitely assaulted?

Looks like your reverse-Warholian "assault victims aren't heard" dynamic. Ugly.

They're working on the law (which the judge had no other choice to choose as justification) because they realized it's inadequate, which should be the subject of the discussion. Y'all should be thrilled. This isn't even about whether the girl was assaulted or not, which we clearly don't even have the possibility of knowing. This is about the fact that in another case where a girl would remember she was orally assaulted, this law might make the guilty party immune.

Not surprised anyway. This forum doesn't have a high level of reading comprehension skill.

yeah i get what you say, but thats the whole point of "helping the victim in a psycological level first" rather than be quick to judge if it happened or not. if she said she was raped, the first thing people should do is listen to her and hear her out before saying "she doesnt remember, she was unconscious, she was drunk". and also, if she was unconscious and the guy kept goingm to me that is just as bad as if she said no. she did not have control of her body in that state 

[JusKeepBreathin 19,311]

20 minutes ago, Didymus said:

But the girl said she didn't remember anything (including if she was conscious or not). Why is everyone taking her side, acting like she was most definitely assaulted?

Looks like your reverse-Warholian "assault victims aren't heard" dynamic. Ugly.

They're working on the law (which the judge had no other choice to choose as justification) because they realized it's inadequate, which should be the subject of the discussion. Y'all should be thrilled. This isn't even about whether the girl was assaulted or not, which we clearly don't even have the possibility of knowing. This is about the fact that in another case where a girl would remember she was orally assaulted, this law might make the guilty party immune.

Not surprised anyway. This forum doesn't have a high level of reading comprehension skill.

So it isnt rape if she's unconscious and doesn't remember. I guess then what Bill Cosby did was fine. Or people made a big deal out of nothing when they were outraged at Cee Lo's tweets about being unconscious and raped are all ridiculous. 

[Dawson 9,517]

Just make sure you read OP correctly, it isn't classified as rape, but is still deplorable.

(terrible decision btw)