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It's Not 'Forcible Sodomy' If Victim is Blacked Out Drunk: Oklahoma Court

An Oklahoma appeals court ruled "forcible sodomy" cannot occur if the alleged victim is blacked out from drinking alcohol, leading prosecutors to call the decision "insane" and "offensive." That's according to a recent article in The New York Daily News.

The ruling stems from an incident with a 16-year-old girl and 17-year-old boy in Tulsa, who were at a party in June 2014. The girl had allegedly blacked out and was brought to a hospital by her family after being driven to her grandmother's house by the boy, who admitted to having consensual oral sex with the girl.

The girl did not remember the encounter, she said, and tests showed her blood-alcohol level was .341. However, due to the wording in the state's forcible sodomy statute, the court determined the boy could not be found guilty. The statute does not mention 'consciousness' in its definition of forcible sodomy. A rape charge was dropped due to a lack of evidence, according to article from The New York Daily News.

After this news story hit the national stage, at least one Oklahoma lawmaker says he will fix this problematic law, according to a recent article from CNN.   

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