Oh for god's sake, Oklahoma. Get your shit together.
We've been doing pretty well in terms of justice in the US. The whole "gay people have rights" thing was a pretty big win, but for every thing that goes well, it seems like there's something that goes just as stupidly wrong.
And it's not like we expect a whole lot from Oklahoma, but their latest judgment on a sexual assault case is just head-shakingly stupid.
The headline? An Oklahoma court has declared that state law doesn’t criminalize oral sex with a victim who is completely unconscious.
If your first reaction is. "Jesus, what the hell is wrong with these people?" then you're a normal person and probably don't live in Oklahoma. So good for you there.
From the Guardian:
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.
And they found the boy's jizz around her mouth and the back of her leg. If you're passing out from too much booze, odds are good you can't consent to a sad high school blowjob. The Tulsa County prosecutors charged the young man with forcible oral sodomy, but the court said everything that happened was just fine!
“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.”
Basically, their argument is that it can't be "forcible" oral sodomy, because the boy didn't need to use any force … because she was passed out drunk. If it was a charge of "casual, relaxed oral sodomy" instead, there might be a case, but not here.
Benjamin Fu, the Tulsa County district attorney leading the case, said the ruling had him “completely gobsmacked.”
Thanks Oklahoma.
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