At a time when many states are busily showing how backwards, stupid, and hateful they can be, in steps Oklahoma for a bit of the idiot stakes limelight: Oklahoma court rules it’s not rape if you’re unconscious and being sodomized. From Fusion:
In a court ruling one prosecutor is calling “insane,” Oklahoma Court of Criminal Appeals ruled late last month that state forcible sodomy laws do not apply if the victim is intoxicated or unconscious.
On March 24, the Oklahoma Watch (OW) reports, the court found that because the state’s sodomy law does not explicitly contain language about victims being intoxicated or unconscious, “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.”
“We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language,” the appeals court wrote.
Raw Story has also covered this story:
An Oklahoma court has stunned local prosecutors with a declaration that state law doesn’t criminalize oral sex with a victim who is completely unconscious.
The ruling, a unanimous decision by the state’s criminal appeals court, is sparking outrage among critics who say the judicial system was engaged in victim-blaming and buying outdated notions about rape.
But legal experts and victims’ advocates said they viewed the ruling as a sign of something larger: the troubling gaps that still exist between the nation’s patchwork of laws and evolving ideas about rape and consent.
To say I am speechless (or textless) would be an understatement.