Court rules oral sex is not rape if victim is unconscious - KMOV.com

Court rules oral sex is not rape if victim is unconscious

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OKLAHOMA CITY (AP) — Outraged Oklahoma lawmakers say they'll move quickly to change a loophole in the state's forcible sodomy law after the state's highest criminal court found it doesn't apply to cases where the victim is unconscious or intoxicated.

Rep. Scott Biggs said Thursday he is drafting language that legislators could consider as early as next week.

Oklahoma's highest criminal court ruled unanimously last month that while the state's rape law addresses unconscious or intoxicated victims, the forcible sodomy law does not. The court said it could not expand the "fair meaning" of the law to justify someone's prosecution.

The ruling came after a 17-year-old boy was accused in Tulsa County District Court of forcing a heavily intoxicated girl to perform oral sex. A lower court judge had dismissed the case last year.


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