Oklahoma Court Ruled, Forced Oral Sex Not Rape
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30-04-2016, 06:52 AM
Oklahoma Court Ruled, Forced Oral Sex Not Rape
Oklahoma court rules that forced oral sex is not rape if victim is unconscious from drinking.


http://www.rawstory.com/2016/04/oklahoma...-drinking/


I wonder if those judges were unconscious and some guy fucked their face, if this ruling would be the same. I doubt it. Talk about victim blaming. Censored

If you can't, won't or don't consent and continue to consent throughout the act it's rape. It's so fucking simple, people!

This is so wrong.

So now all a rapists has to do is get someone drunk or find a drink person and face fuck them and they get a pass. JFC!

I wonder if they could charge him with felony food tampering or poisoning or contaminating with bodily fluids. Those things are criminal. He had no right to forced feed her his cum. Fucking shitbag Oklahoma. AngryAngryAngry

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30-04-2016, 06:54 AM
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
What the actual fuck?

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30-04-2016, 06:56 AM
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
Wow. That's fucking insane. Angry

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30-04-2016, 07:00 AM
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
This ruling was so fucking idiotic that it nearly took my breath away.

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30-04-2016, 07:07 AM
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
(30-04-2016 07:00 AM)Szuchow Wrote:  This ruling was so fucking idiotic that it nearly took my breath away.

I know, I've read it four times now because I just can't believe my eyes. I found this on the "Jesus, Republicans and other Bullshit" page on facebook. I just makes me irate that politicians and courts are this ignorant and bigoted.

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30-04-2016, 07:13 AM (This post was last modified: 30-04-2016 07:18 AM by EvolutionKills.)
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
As a rule, be wary of RawStory on principle, if only for their click-baity headlines.


...


But the trial judge dismissed the case. And the appeals court ruling, on 24 March, affirmed that prosecutors could not apply the law to a victim who was incapacitated by alcohol.

“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. Its reasoning, the court said, was that the statute listed several circumstances that constitute force, and yet was silent on incapacitation due to the victim drinking alcohol. “We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Benjamin Fu, the Tulsa County district attorney leading the case, said the ruling had him “completely gobsmacked”.

“The plain meaning of forcible oral sodomy, of using force, includes taking advantage of a victim who was too intoxicated to consent,” Fu said. “I don’t believe that anybody, until that day, believed that the state of the law was that this kind of conduct was ambiguous, much less legal. And I don’t think the law was a loophole until the court decided it was.” To focus on why the victim was unable to consent, he continued, puts the victim at fault.

But several legal experts declined to fault the appeals court, saying instead that the ruling should be a wake-up call for legislators to update Oklahoma’s laws.

Michelle Anderson, the dean of the CUNY School of Law who has written extensively about rape law, called the ruling “appropriate” but the law “archaic”.

“This is a call for the legislature to change the statute, which is entirely out of step with what other states have done in this area and what Oklahoma should do,” she said. “It creates a huge loophole for sexual abuse that makes no sense,” she said.

Jennifer Gentile Long, who leads a group, AEquitas, that guides prosecutors in sexual and domestic violence cases, agreed. She said the Oklahoma law was an example of a gulf that still exists in some places between the law and evolving notions around consent and sexual agency.

Oklahoma has a separate rape statute that protects victims who were too intoxicated to consent to vaginal or anal intercourse, Long noted. But “there are still gaps in the ways laws are written that allow some cases to fall through the cracks,” she said. “This case” – because it did not involve vaginal rape but an oral violation – “seems to be one of them”.


...



Judges are supposed to make a judgement on the application of the law. So if the wording of a law is fundamentally flawed, is that the judge's fault?

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30-04-2016, 07:14 AM
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
(30-04-2016 07:07 AM)Heatheness Wrote:  
(30-04-2016 07:00 AM)Szuchow Wrote:  This ruling was so fucking idiotic that it nearly took my breath away.

I know, I've read it four times now because I just can't believe my eyes. I found this on the "Jesus, Republicans and other Bullshit" page on facebook. I just makes me irate that politicians and courts are this ignorant and bigoted.

Guy who made ruling probably saw that He who is silent, when he ought to have spoken and was able to, is taken to agree as that He who is silent...is taken to agree.

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30-04-2016, 08:24 AM
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
I'm sort of with EK here. The law wasn't written as well as it could have been. That said, it seems to me the appeal court went out of its way here to create an exception, probably in the name of "strict construction of statutes". But, the Raw Story article (and others - I've seen similar headlines on this from other "news" agencies) is a bit misleading. All the court is really saying is the state legislator needs to update the statute, which I'm sure they will probably do.

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30-04-2016, 08:39 AM
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
(30-04-2016 07:13 AM)EvolutionKills Wrote:  ... anal intercourse ... fall through the cracks ...

Nice choice of words. Was that a parody of that case where the guy said her raped his victim by tripping and falling on her?

Dodgy

(30-04-2016 07:13 AM)EvolutionKills Wrote:  ... still gaps ...

That sounds the argument from the defense.

"She wasn't moving and she had her mouth open, m'lud. What else could I do?

Blush

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30-04-2016, 06:10 PM
RE: Oklahoma Court Ruled, Forced Oral Sex Not Rape
Is this a satire website? It has to be. Tabloids maybe?


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