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Oklahoma Court Rules Oral Sex with Unconscious Person is Not Rape

HeadlineApr 28, 2016

Meanwhile, an Oklahoma appeals court has sparked controversy after ruling that having oral sex with someone who is unconscious from drinking does not constitute rape. The ruling stems from a case in which a 17-year-old boy is accused of sexually assaulting a 16-year-old girl who had passed out from drinking. The court ruled that existing Oklahoma law did not specifically name incapacitation due to intoxication in its definition of forcible oral sodomy. In response, Michelle Anderson, dean of the City University of New York School of Law, called on Oklahoma to change the statute, which she said “creates a huge loophole for sexual abuse that makes no sense.”

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