Forceable Sodomy Declared OK In OK If Victim Is Drunk

An Oklahoma court stunned Tulsa prosecutors when they declared that state low doesn't criminalize oral sex with a victim who is completely unconscious. 

The case in question involves two high school students who were drinking and smoking marijuana with friends at a Tulsa park into the early morning hours of June 1, 2014.
The female student, who was 16 at the time, had drunk a large quantity of vodka. Blood tests would later show her blood alcohol level at more than four times the legal limit to drive, and indicative of severe alcohol poisoning, court records state.

Hospital staff were conducting a sexual assault examination when the girl woke up. She said she had no memories after leaving the park. 
On March 24, 2016, the Court of Criminal Appeals found that because of the way the state’s sodomy law is written, “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.”



Tests found the boy's DNA on the back of her leg and around her mouth. He says she consented to performing oral sex. 

The reasoning, it seems, is that because the alleged rape was oral rather than vaginal, Oklahoma law does not apply.

The trial judge dismissed the case.

The Tulsa County Assistant District Attorney, Benjamin Fu, described the decision as "insane," "dangerous," and "offensive."


Fu said that he has learned of other defendants now making the same argument in other parts of Oklahoma in order to avoid charges.

Fu said that he and law enforcement officials plan to push for legislation to address the discrepancy in rape and sodomy laws.

Oklahoma's "rape in the first degree" statute is fairly comprehensive, applying to victims who are mentally ill, intoxicated, unconscious, physically coerced, or threatened with violence.

But the "forcible sodomy" statute only lists two barriers to consent: mental illness and violence.

The difference between the statutes might seem like a technicality, but it’s one that the appeals court took seriously, writing that they could not “enlarge a statute” in order to prosecute the boy.

But it isn't just Oklahoma with these alarming laws. Other states, such as Georgia, Kansas and Oregon, have similar laws.

Jennifer Gentile Long, CEO of AEquitas (The Prosecutor's Resource On Violence Against Women), said of the Oklahoma case, “There are still gaps in the way laws are written that allow some cases to fall through the cracks. 

"This case seems to be one of them.”


Update, May 5
Rep. Scott Biggs, R-Chickasha, has introduced language into an existing bill that would amend the state's forcible oral sodomy law to include instances in which the victim is unconscious or intoxicated.

House Bill 2398 also changes the definition of sexual consent to state that consent cannot be given by a person who is asleep, physically incapacitated by drugs or alcohol, or is under duress, being threatened or being forced to perform a sexual act.

16 comments

  1. This case has brought to light quite a few loopholes. If nothing else, perhaps some good can come out of it if these ridiculous laws are amended.

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  2. If this law existed in California, the Stanford rapist wouldn't have been charged at all. Why does law and morality seem to be going backward in such an age of so-called enlightenment?

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  3. If this law existed in California, the Stanford rapist wouldn't have been charged at all. Why does law and morality seem to be going backward in such an age of so-called enlightenment?

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  4. This makes me sick to my stomach. This could also mean that those in a coma or have a diminished mental state could also be victims. I can't imagine the horror or sadness of this young victim. She was brave enough to prosecute (and how many girls have been too afraid or embarrassed) and now feels made a fool. It makes me cry. Why are women so unimportant?

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    1. Yes, it is often very hard to get women to step forward and prosecute, as you said, and now how many will be brave enough to do so? Don't know that I would.

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  5. Dreadful. Let's hope the laws get changed to remove the loopholes for the CRIMINALS. Where is there protection for all the victims??

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  6. Dreadful. Let's hope the laws get changed to remove the loopholes for the CRIMINALS. Where is there protection for all the victims??

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  7. One can only hope that the megaphone of social media will continue to shout out to the world how insane these laws are, and bring about real change.

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  8. What a messed up world we live in, that this case was dismissed. Pure insanity!

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  9. Who brought the charges if she doesn't remember anything? Did the guy in the car with them see him do it?

    I agree that this law needs to be changed, it's absolutely obscene. If she was passed out, he shouldn't have touched her, even if she suggested it originally.

    But if having sex while drunk is now going to be considered rape, it better be true for both participants, not just the male.

    When I was in college a thousand years ago, there were plenty of girls in the dorm who regretted doing what they did the night before, but it was consensual. Nowadays they can say they it was rape because they had been drinking, and that's obscene, too. If you have sons, you had best familiarize yourself with these sorts of laws and that "Consent" thing above. Most colleges have kangaroo courts where the accused has no rights whatsoever when it comes to rape charges. Witness the "Jackie" case at UVA.

    Again, there is no excuse whatsoever for attacking an unconscious person. I don't mean to suggest otherwise.

    But neither should a female get to charge someone with rape just because she was drinking and regrets what she did the night before. I know plenty of girls who get wild when they drink. Will the men who take them up on what is freely offered now be looked at as rapists?

    Who gets to decide how drunk is drunk? Completely passed out should obviously be considered unable to consent, but that Consent/UnitedWomen.Org ad above suggests that if a woman has a drink, she is no longer able to give consent, so that even if she willingly has sex with someone after one or two drinks, she can accuse him of rape. Give me a break.

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    1. Very true about the drunk aspect of "rape". In my opinion, there is a difference in making the choice to drink and allowing yourself to get stone cold drunk to the point you make bad decisions or don't know what is going on vs. someone slipping something in your drink or doing something illegal to make you unconscious.

      When I was in high school, the cool kids (I wasn't in that crowd) were well known for having sex parties. Girls would willingly get drunk. Whether they were aware how drunk they were getting, I don't know. Once she was drunk out of her mind, boys would literally form a line and watch each other have sex with her. I was shocked to hear it was the same group of people (both genders) week after week. Back then, nobody called it rape. We were just surprised these girls would be so stupid and the boys so disgusting. It happened week after week, only at a different house each time.

      Fast forward twenty something years later and we are now in a society that wants to bear no consequences for the choices they make. If something bad happens, it's automatically someone else's fault. The reality is, we do not live in a safe world anymore. Everyone should be on guard and know what is going on around them at all times. Allowing yourself to get drunk in public is stupid, but it's worst to let yourself get bad enough that you make poor decisions. I think there are some of these women who cry "victim" for being drunk who just regret their decisions once they are sober.

      I don't know if anyone is familiar with the show Switched At Birth, but they did a storyline about this topic a season or two ago, only in their storyline, both the girl and the guy were drunk. The girl cried rape. In the next season, they went on to explain the guy got kicked out of college and couldn't get accepted into another college because he was suddenly labeled a sex offender. There were other issues on how this affected his personal life as well.

      Okay, I can't believe I admitted I watch a teen show, but I wanted to prove a point to say I think people are really opening a huge can of worms by using drunk as an excuse for rape because is it really rape when both parties are drunk? Or does one party have to be sober? Or if the girl gives consent and claims she doesn't remember it later, is that rape? If one party is more drunk than the other, then s it rape? How much more drunk should the victim be before it's considered rape? There are a lot of tricky issues that go along with this.

      I really don't know about this particular case enough to know what her situation is, but I'm just speaking of these sorts of situations in general.

      Girls who use this as an excuse make me sad for the people who truly are raped. Rape is a terrible thing no person should ever go through. A former neighbor of mine adopted two girls who had been molested by their birth father before they were taken from their birth family. It was ad to see how something that happened to them when they were so young affected their relationships even into early adulthood. No one should have to go through life with that kind of trauma.

      It's hard enough for rape victims voices to be heard and now with "being drunk and regretting my decisions" as an excuse, it is going to make true rape that much harder to be believed and that many more monsters roaming the world for their next victim.

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  10. Things like this are what make me embarrassed to say I live in Oklahoma. I guess the judge had to rule is way because of how the law was written. But it must be changed immediately!

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  11. And this is when "Ill put matters into my hands", comes into play! A hanus crime such as this should be prosecuted to the maximum level. Lisa @ Sweet Tea N' Salty Air

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  12. This sickens me. It definitely needs to be changed...

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