But the law also bars consenting adults from having anal or oral sex, which is what this case focuses on. In a decision in , the U. Supreme Court said such sex was protected by the 14 th Amendment. Before the nation's highest court declared these laws unconstitutional, they were often used to persecute the LGBTQ community starting in the s.
In a unanimous decision , the Oklahoma Court of Criminal Appeals found that a teenage boy was not guilty of forcible sodomy after having oral sex with a teenage girl who was so intoxicated after a night of drinking that she had to be carried to his car. The decision was reported by the Guardian on Wednesday. The state has a separate rape law that protects victims who are too drunk to consent, but only in cases of vaginal or anal penetration, not oral sex. The incident occurred in after the two high school students had been drinking and smoking marijuana with friends at a Tulsa park. The boy, who was 17 years old at the time, gave the year-old girl a ride home; blood tests later showed her blood-alcohol level was. Sexual battery might have been a more appropriate charge than rape or forcible sodomy, Shannon McMurray, an attorney for the defendant, told Oklahoma Watch. She added, however, that it would be difficult to show there had been no consent, since the girl could not recall what happened after leaving the park.
Oklahoma court: oral sex is not rape if victim is unconscious from drinking
It may seem like a fun idea, but getting BJ on the go can have pretty severe consequences. In Victoria, you could get as much as two years in the slammer, not to mention the mandatory minimum sentence of a six-month suspension from driving. For one, any pothole becomes an instant potential penis removal or possible vasectomy at the very least.
The ruling sparked outrage among critics who argue the judicial system engaged in victim-blaming and upholding outdated notions about rape and sexual assault. The case involved allegations that a year-old boy assaulted a girl, 16, after volunteering to give her a ride home. The two had been drinking in a Tulsa park with a group of friends when it became clear that the girl was badly intoxicated. Another boy, who briefly rode in the car, recalled her coming in and out of consciousness.
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Comments (7)
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