Previous
Next

Court Rules Passed-Out Victims Not Covered By Sodomy Law

While some are spreading “the culture of consent,” Tulsa prosecutors say Oklahoma’s Court of Criminal Appeals has failed after a recent ruling found its forcible sodomy law isn’t applicable to intoxicated or unconscious victims, Oklahoma Watch reports. In what Benjamin Fu, the Tulsa County assistant DA, calls an “insane” and “dangerous” interpretation of the law, the court noted in its March 24 decision that because of semantics, “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.” In its “unpublished opinion”—which, per the website, means future cases can’t cite it—the court added, “We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.” This despite the fact the state’s rape law does use language protecting those in an intoxicated, unconscious state.

The defendant in this case was 17 at the time of the 2014 incident, in which he was accused of forcing a heavily intoxicated 16-year-old girl to give him oral sex. Court records note the girl’s blood alcohol content was high enough to be considered severe alcohol poisoning, and witnesses said she was falling in and out of consciousness in the car she was being driven home in. The defendant says the oral sex was consensual and the victim’s idea, even though the girl says she can’t remember the event. The defendant’s lawyer argued “you can’t substitute force with intoxication under the law” and that the state shouldn’t have tried to “rewrite statute and add an element.” But Fu says the ruling is “absurd,” noting that the intent of the legislation is to include the intoxication/unconscious provision. “[Sexual assault victims’] biggest fear is that people they tell the story to won’t understand or will judge them,” he says. “The Court of Criminal Appeals affirmed that, 5-0.”

 

SOURCE

Previous
Next
Please wait...
Do NOT follow this link or you will be banned from the site!