Oklahoma to update sex assault legislation

Bill follows ruling that said oral sex with passed-out, drunk teen was not rape

The Oklahoma state legislature is working on revising its sex assault laws after a state appeal court ruled that oral sex with an unconscious, drunk teen was not rape.

The legal loophole was exposed when an appeals court unanimously ruled that oral sex with someone who has passed out after drinking too much isn’t rape.

In its brief, two-page March 24 ruling, the court found that Oklahoma law does not consider oral sex with someone who is incapacitated by alcohol to be rape. While it is illegal in the state to have vaginal or anal sex with someone who is drunk to the point of incapacitation, no such law exists for oral sex.

“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 ruling said.

On Tuesday, State Representative Scott Biggs amended a victim’s rights bill that was already being discussed in the state’s legislature to change the definition of forcible oral sodomy.

The new wording adds “incapacitation from intoxication” to the list of reasons why a person would be unable to consent to oral sex, he told the Star.

The new bill has bipartisan support, he said, and could become law as early as next week. “We have to (act now),” he said. “If you read the opinion, it’s kind of appalling, the lack of justice for that victim.”

The case involved a 17-year-old boy who was charged with second-degree rape and forcible oral sodomy of a 16-year-old girl in April 2015. The Tulsa County District Court judge dismissed both charges, and the appeals court upheld that judge’s decision.

“We will not, in order to justify prosecution of a person for an offence, enlarge a statute beyond the fair meaning of its language,” the ruling said.

Karla Docter, senior director of sexual violence prevention and response at the YWCA in Oklahoma City, said the appeals court ruling was “very disappointing.”

“I think we all know what the real definition of rape is,” she said.

Oklahoma is ranked in the top 15 in the U.S. for sexual assaults, she said, and it’s clear the law needs to be updated.

It’s vital for the legal system to catch up to our evolved understanding of consent and sexual assault, and for victims to know that the system can bring them justice, said Docter, who advocates for sexual assault survivors.