Politics

Oklahoma Court Declares Oral Sex Is Not Rape For ‘Unconscious Victims’

An Oklahoma court gave a stunning ruling on Wednesday, saying by unanimous decision, that state law doesn’t criminalize oral sex with a victim who is completely unconscious.

Damn. That’s totally F’d up.

From The Guardian:

“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. Its reasoning, the court said, was that the statute listed several circumstances that constitute force, and yet was silent on incapacitation due to the victim drinking alcohol. “We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Benjamin Fu, the Tulsa County district attorney leading the case, said the ruling had him “completely gobsmacked”.

“The plain meaning of forcible oral sodomy, of using force, includes taking advantage of a victim who was too intoxicated to consent,” Fu said. “I don’t believe that anybody, until that day, believed that the state of the law was that this kind of conduct was ambiguous, much less legal. And I don’t think the law was a loophole until the court decided it was.” To focus on why the victim was unable to consent, he continued, puts the victim at fault.

Source: Wikipedia

Source: Wikipedia

So literally in Oklahoma, you can perform oral sex on someone without their consent for as long as they are unconscious (for whatever reason, like sleeping) — and that’s perfectly OK behavior.

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