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Oklahoma Court Ruling in Rape Case Spurs Calls to Change State Laws Sexual Assault Ruling in Oklahoma Spurs Calls to Change State Laws
(about 3 hours later)
Outraged activists and prosecutors in Oklahoma called for changes to a state law on forced oral sex after a court rejected the prosecution of a teenage boy in Tulsa because his 16-year-old accuser had been intoxicated to the point of unconsciousness.Outraged activists and prosecutors in Oklahoma called for changes to a state law on forced oral sex after a court rejected the prosecution of a teenage boy in Tulsa because his 16-year-old accuser had been intoxicated to the point of unconsciousness.
“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 Court of Criminal Appeals ruled in 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 Court of Criminal Appeals ruled in the case.
“We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language,” it said.“We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language,” it said.
Advocates for rape victims said the decision by the appeals court was not all that surprising given the patchwork inconsistency of state-by-state sexual assault laws that leave legal gray areas. But other experts said the ruling should jolt other states into examining their own laws.Advocates for rape victims said the decision by the appeals court was not all that surprising given the patchwork inconsistency of state-by-state sexual assault laws that leave legal gray areas. But other experts said the ruling should jolt other states into examining their own laws.
Kristen Houser, a spokeswoman for the National Sexual Violence Resource Center, based in Pennsylvania, said, “Each state does have a unique set of laws, and you do find, unfortunately, sometimes that things you thought were covered aren’t.”Kristen Houser, a spokeswoman for the National Sexual Violence Resource Center, based in Pennsylvania, said, “Each state does have a unique set of laws, and you do find, unfortunately, sometimes that things you thought were covered aren’t.”
Kansas, for example, has a rape law that clearly states what Oklahoma’s does not: It includes a line for when the victim “is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance.”Kansas, for example, has a rape law that clearly states what Oklahoma’s does not: It includes a line for when the victim “is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance.”
The case centered on a 17-year-old boy who was accused of rape after he and a group of high school students gathered in a Tulsa park to drink and smoke marijuana in the early morning hours of June 1, 2014, according to Oklahoma Watch, a local news site, which reported on the court ruling. Witnesses said the girl had been drifting in and out of unconsciousness and had been unable to walk. The defendant took the girl to his car, and later to a relative’s house to sleep, according to court documents.The case centered on a 17-year-old boy who was accused of rape after he and a group of high school students gathered in a Tulsa park to drink and smoke marijuana in the early morning hours of June 1, 2014, according to Oklahoma Watch, a local news site, which reported on the court ruling. Witnesses said the girl had been drifting in and out of unconsciousness and had been unable to walk. The defendant took the girl to his car, and later to a relative’s house to sleep, according to court documents.
The boy said the ensuing oral sex was consensual, but the girl told the police she did not remember anything else after being at the park, according to Oklahoma Watch. Tests later showed she had a blood-alcohol level of 0.341, more than four times the state’s legal limit for driving. The boy’s DNA was found on the girl’s body and around her mouth, according to court documents.The boy said the ensuing oral sex was consensual, but the girl told the police she did not remember anything else after being at the park, according to Oklahoma Watch. Tests later showed she had a blood-alcohol level of 0.341, more than four times the state’s legal limit for driving. The boy’s DNA was found on the girl’s body and around her mouth, according to court documents.
The boy was initially charged with first-degree rape and forcible oral sodomy, but both charges were dismissed at trial. The district attorney’s office appealed the case, and the appeals court’s ruling March 24 set off a furor.The boy was initially charged with first-degree rape and forcible oral sodomy, but both charges were dismissed at trial. The district attorney’s office appealed the case, and the appeals court’s ruling March 24 set off a furor.
The prosecutor in the case, Benjamin Fu, said he was “flabbergasted” by the decision. He rejected the idea that it was simply a case of a blind spot in the state legislation. The court had the ability but opted not to apply the meaning of the law to a case the Legislature had not anticipated, he said.The prosecutor in the case, Benjamin Fu, said he was “flabbergasted” by the decision. He rejected the idea that it was simply a case of a blind spot in the state legislation. The court had the ability but opted not to apply the meaning of the law to a case the Legislature had not anticipated, he said.
“This does not reflect our laws, the temperament of our Legislature or the values or beliefs of Oklahoma,” Mr. Fu said.“This does not reflect our laws, the temperament of our Legislature or the values or beliefs of Oklahoma,” Mr. Fu said.
He said he was working with legislators to change the state’s sexual assault laws, including the addition of language to address the issue of consent more directly.He said he was working with legislators to change the state’s sexual assault laws, including the addition of language to address the issue of consent more directly.
Scott Biggs, an Oklahoma state representative, criticized the court’s “grave error” and said on Thursday that he would amend legislation to include unconscious victims in the definition of forcible sodomy.Scott Biggs, an Oklahoma state representative, criticized the court’s “grave error” and said on Thursday that he would amend legislation to include unconscious victims in the definition of forcible sodomy.
“Unfortunately, legal minds often get stuck on questions of semantics, when it is clear to most of us what the intent of the law is,” he said in a statement.“Unfortunately, legal minds often get stuck on questions of semantics, when it is clear to most of us what the intent of the law is,” he said in a statement.
The boy’s lawyer did not return a telephone call Thursday seeking comment.The boy’s lawyer did not return a telephone call Thursday seeking comment.
Rebecca O’Connor, the vice president for public policy of the Rape, Abuse and Incest National Network in Washington, said the case underscored the need for legislatures to be as clear about their intent as possible, instead of leaving judges to decide.Rebecca O’Connor, the vice president for public policy of the Rape, Abuse and Incest National Network in Washington, said the case underscored the need for legislatures to be as clear about their intent as possible, instead of leaving judges to decide.
“It’s not surprising, although unfortunate, that this is how it came down,” she said. “It’s also not unique to Oklahoma. This sort of gray area of law can lead to unfortunate consequences.”“It’s not surprising, although unfortunate, that this is how it came down,” she said. “It’s also not unique to Oklahoma. This sort of gray area of law can lead to unfortunate consequences.”