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Oklahoma court: oral sex is not rape if victim is unconscious from drinking
Topic Started: Apr 27 2016, 09:35 PM (533 Views)
Member013

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 defendant’s car. Another boy, who briefly rode in the car, recalled her coming in and out of consciousness.

The boy later brought the girl to her grandmother’s house. Still unconscious, the girl was taken to a hospital, where a test put her blood alcohol content above .34. She awoke as staff were conducting a sexual assault examination.

Tests would later confirm that the young man’s DNA was found on the back of her leg and around her mouth. The boy claimed to investigators that the girl had consented to performing oral sex. The girl said she didn’t have any memories after leaving the park. Tulsa County prosecutors charged the young man with forcible oral sodomy.

But the trial judge dismissed the case. And the appeals court ruling, on 24 March, affirmed that prosecutors could not apply the law to a victim who was incapacitated by alcohol.

http://www.theguardian.com/society/2016/apr/27/oral-sex-rape-ruling-tulsa-oklahoma-alcohol-consent?CMP=twt_gu
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BuckFan

Apparently that specific law is poorly written. While it specifically lists forcible situations, it does not list intoxication. As such, it seems the appellate ruling was correct. It is up to the legislature to fix the law. It should also be noted that the sections of law covering vaginal and anal rape do cover intoxication.
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Robert Stout
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The Oklahoma Legislature is liable to make all oral sex a felony................ :oyvey
Edited by Robert Stout, Apr 27 2016, 11:09 PM.
Jesus can raise the dead, but he can't fix stupid
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Ronin
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I think if you can arrest or sue a bartender for what a drunk person does after they have left your establishment you should be able to convict a person of rape if the other person is intoxicated.
Edited by Ronin, Apr 27 2016, 11:26 PM.
The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.
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Robert Stout
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Ronin
Apr 27 2016, 11:25 PM
I think if you can arrest or sue a bartender for what a drunk person does after they have left your establishment you should be able to convict a person of rape if the other person is intoxicated.
If I am responsible for every drunk at a party, I won't have the time to get drunk myself........... :rollseyes:
Jesus can raise the dead, but he can't fix stupid
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lucash
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#NeverTrump
Sounds like some judges need to be ran out of town, despicable. Not to mention politicians for a horribly written law.
"...a mesmerized state that makes us accept as inevitable that which is detrimental...having lost the will..to demand...good..." - Rachel Carson
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ringotuna
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My dad used to joke..."How do you know when you've crossed the Red River into Oklahoma?

You have an uncontrollable urge to steal something and your wife has an uncontrollable urge to cheat on you.

^ Not his exact words...I PG'd it a little :biggrin:
Edited by ringotuna, Apr 28 2016, 06:10 AM.
Ringoism: Never underestimate the advantages of being underestimated.
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ringotuna
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Robert Stout
Apr 27 2016, 11:09 PM
The Oklahoma Legislature is liable to make all oral sex a felony................ :oyvey
Well Robert, in Oklahoma that might not be such a bad ideal...

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Ringoism: Never underestimate the advantages of being underestimated.
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Opinionated
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What the court ruled is that Oklahoma's forced sodomy law is so poorly constructed that it doesn't cover the circumstances of this situation. That's not the court's fault. That's the legislature's fault. If they want these kinds of situations covered, then they need to revise the law so that it covers them.

It is the court's job to apply the law as written and not to apply the law in a way that is morally "right", but not as the law was written.
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