Oklahoma Court Says Oral Rape Isn’t Rape If Victim Is Unconscious

by
Sameera Ehteram
Hardly a day passes when someone doesn’t put a foot in their mouth regarding rape and sexual assault. A court in Oklahoma just joined the list.

An Oklahoma court has outdone itself by claiming that state law doesn’t criminalize oral sex with a victim who is completely unconscious.

“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 decision read. “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 case was against a 17-year-old boy who allegedly assaulted a 16-year-old girl who was intoxicated and unconscious. Witnesses recalled that she had to be carried to the defendant’s car.

The boy claimed that the girl had consented to performing oral sex but the girl said she didn’t remember anything. Tests found the young man’s DNA on the back of her leg and around her mouth.

The boy was charged with forcible oral sodomy.

But the trial judge dismissed the case and the appeals court ruling affirmed that prosecutors could not apply the law to a victim debilitated by alcohol.

Needless to say, the court ruling received a lot of backlash.

 

 

 

 

Just recently, when Republican Presidential hopeful John Kasich was asked what he would do as president to make campuses safer, answered in golden words of wisdom, “It's just you have to be careful. My only comment on it, you know, it gets to be when alcohol's involved, it becomes — it becomes more difficult for justice to be rendered for a whole variety of reasons.”

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Ridiculous as they may sound, such sentences are not unheard of. In 2013, Todd Baugh, a Montana judge ruled that a 14-year-old victim was “as much in control of the situation” as her 54-year-old rapist because she was “older than her chronological age.”

A California court overturned the rape conviction of Julio Morales, who was accused of raping an 18-year-old woman in her sleep by posing as her boyfriend. According to the 1872 law, an impersonator who tricks someone into having sex with him can only be found guilty of rape if he is pretending to be that woman’s husband. 

In the state of Virginia’s law, it is not uncommon to assume the rape victim may be lying. Until recently in New York, rape was only rape when the vagina was penetrated — not when an assailant is forcing him or herself on a victim orally or anally.

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We rest our case! 

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