Court: oral sex isn't rape if victim is drunk
In a controversial ruling, the Oklahoma Court of Criminal Appeals said that, under state law, forcible sodomy isn't illegal if the victim is intoxicated or unconscious.
The ruling stunned prosecutors who, according to KTUL in Tulsa, were trying a case involving two high school students. One of those students was a victim of forced oral sex after drinking and smoking pot in a Tulsa park.
In the 2014 case, a 16-year-old girl said she was sexually assaulted when she was too incapacitated to walk. Two friends carried her to the a car, where the accused allegedly forced her to perform oral sex. He told police the act was consensual but the victim said she had no memory.
The 17-year-old boy was charged with first-degree rape and forcible oral sodomy. According to Oklahoma Watch, prosecutors dropped the rape charge because of a lack of evidence.
Tulsa County District Court Judge Patrick Pickerill later dismissed the forcible oral sodomy charge because unconsciousness and intoxication are "not present in the law’s definition of the crime."
According to KTUL, the state's law reads that rape can occur when a victim is too intoxicated to give consent. However, the law on forced oral sex is written differently and does not provide the same legal protection for drunk or unconscious victims.
After Pickerill dismissed the charges, prosecutors appealed to the Oklahoma Court of Criminal Appeals, who upheld the ruling based on the state's law.
KTUL reports that lawmakers are working to update the law. Prosecutors hope to have it in place before the end of the legislative session.