• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Forced oral sex isn't a crime if the victim is unconscious rules Oklahoma court

Collapse
This topic is closed.
X
X
Collapse
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Forced oral sex isn't a crime if the victim is unconscious rules Oklahoma court



    Forced oral sex isn't a crime if the victim is unconscious rules Oklahoma court

    Forced oral sex isn't a crime if the victim is unconscious rules Oklahoma court

    alcohol
    In a startling decision an Oklahoma court has ruled that forced oral sex is not a crime if the victim is passed out from drinking. "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," ruled the Oklahoma Court of Criminal Appeals.

    "We will not ... enlarge a statute beyond the fair meaning of its language," the court said. Although Oklahoma's rape law says rape is rape even if it is committed against someone intoxicated or unconscious, the forcible sodomy law does not contain that same language. Tulsa County Assistant District Attorney Benjamin Fu called the ruling "insane," "dangerous" and "offensive," reports Oklahoma Watch.

    The case involved two minors — a 17-year-old boy who was initially charged with rape and forcing a heavily intoxicated 16-year-old girl to give him oral sex in a park. The girl was later found to have a blood-alcohol content four times the legal limit, considered severe alcohol poisoning, and she was falling in and out of consciousness while the two were together, according to several witnesses.

    After the defendant brought the unconscious girl to her grandmother's house, her family took her to a local hospital and the boy's DNA was found on her during a sexual assault examination. The defendant claimed the oral sex was consensual, even though the girl said she couldn't remember it occurred.

    The rape charge was dismissed, and a county district court judge also dismissed the forcible oral sodomy charge, saying unconsciousness and intoxication are not specifically included in the law's definition of the crime. That ruling was upheld by the appeals decision.

    The teen boy's attorney defended his client, saying "there was absolutely no evidence of force or him doing anything to make this girl give him oral sex other than she was too intoxicated to consent."
    "Never argue with stupid people, they will drag you down to their level and beat you with experience". Mark Twain

    #2
    Wasn't that the Cameron defence - the pig was not conscious.
    …Maybe we ain’t that young anymore

    Comment


      #3
      I told MrsBP that years ago. But she still insisted on hospitalising me for a month.....

      Comment


        #4
        Originally posted by WTFH View Post
        Wasn't that the Cameron defence - the pig was not conscious.
        The pig was dead iirc. At least, that was what was claimed...
        His heart is in the right place - shame we can't say the same about his brain...

        Comment


          #5
          aka "The Ched Evans"

          Allegedly.
          The greatest trick the devil ever pulled was convincing the world that he didn't exist

          Comment


            #6
            Is it still OK if you spike their drink to get them unconscious?...asks a friend

            Comment


              #7
              Originally posted by Mordac View Post
              The pig was dead iirc. At least, that was what was claimed...


              If I was the pig, I'd have claimed to have been dead at the time as well.
              …Maybe we ain’t that young anymore

              Comment


                #8
                Originally posted by BrilloPad View Post
                I told MrsBP that years ago. But she still insisted on hospitalising me for a month.....


                She just has to get you unconscious, she doesn't need to hospitalise you!
                …Maybe we ain’t that young anymore

                Comment


                  #9
                  The law self-describes as "the detestable and abominable crime against nature". It's highly specific and subjective.

                  As the result states, it would be improper to change such a law just to use it as a means of conviction.

                  Engage brain, and shocked smiley becomes unnecessary.

                  Comment


                    #10
                    Originally posted by WTFH View Post
                    If I was the pig, I'd have claimed to have been dead at the time as well.
                    I'm kind of with you on that one...
                    His heart is in the right place - shame we can't say the same about his brain...

                    Comment

                    Working...
                    X