Friday, April 29, 2016

Oklahoma court: Sodomy Law not applicable when victim is unconcious. What could possibly go wrong?

Just when you think Oklahoma couldn't get any more stupid, they surprise you.  Sometimes, it's more shocking than surprising.  Oklahoma's highest court ruled:

"...the state's forcible sodomy law doesn’t apply when the victim is intoxicated or unconscious."


The ruling came from a court case in which a 16 year-old girl was at a party where people were smoking marijuana and drinking in 2014.  Her blood alcohol level was later determined to be 0.341, which is more than 4 times the legal limit.  A boy at the party gave her a ride home, but she was so drunk, she was taken to the hospital (by whom?)  When she came to, the staff at the hospital were conducting a sexual assault investigation.  The boy's DNA was found on her leg and around her mouth. The boy said she agreed to oral sex but the girl didn't remember anything.

Tulsa County prosecutors charged him with rape but the trial judge dismissed the case.

“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.

What could possibly go wrong?  Yesterday, I was afraid of just being shot.

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