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Oral sex is not rape if victim is unconscious from drinking
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Parzival Offline
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Oral sex is not rape if victim is unconscious from drinking
https://www.rawstory.com/2016/04/oklahom...-drinking/

Quote: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 case involved allegations that a 17-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. Witnesses recalled that she had to be carried into the defendant’s car. Another boy, who briefly rode in the car, recalled her coming in and out of consciousness.

The boy later brought the girl to her grandmother’s house. Still unconscious, the girl was taken to a hospital, where a test put her blood alcohol content above .34. She awoke as staff were conducting a sexual assault examination.

Tests would later confirm that the young man’s DNA was found on the back of her leg and around her mouth. The boy claimed to investigators that the girl had consented to performing oral sex. The girl said she didn’t have any memories after leaving the park. Tulsa County prosecutors charged the young man with forcible oral sodomy.

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.”

Of course this can not be:

Quote: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.

Quote:“There was absolutely no evidence of force or him doing anything to make this girl give him oral sex,” McMurray said, “other than she was too intoxicated to consent.”

Maybe the girl got horny and did want to suck his dick? Who knows? But his conclusion never come to mind right? Because every man is a rapist.

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For us, these conflicts can be resolved by appeal to the deeply ingrained higher principle embodied in the law, that individuals have the right (within defined limits) to choose how to live. But this Western notion of individualism and tolerance is by no means a conception in all cultures. - Theodore Dalrymple
04-28-2016 07:22 AM
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Soundbyte Offline
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RE: Oral sex is not rape if victim is unconscious from drinking
Yeah, I am not sure that it was by force. A guilty man would try to hide his doing, but that lady was taken to the hospital.
04-28-2016 07:38 AM
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Anabasis to Desta Away
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RE: Oral sex is not rape if victim is unconscious from drinking
What if you blindfold the girl and tell her you have a surprise for her? Would that be rape?

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04-28-2016 10:49 AM
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DamienCasanova Offline
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RE: Oral sex is not rape if victim is unconscious from drinking
Chicks give better head when they're drunk
04-28-2016 10:50 AM
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texas Offline
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Post: #5
RE: Oral sex is not rape if victim is unconscious from drinking
Hey Michelle Anderson, I saw something at Trader's Village for you:

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04-28-2016 11:25 AM
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