The ruling sparked outrage among critics who argue the judicial system engaged in victim-blaming and upholding outdated notions about rape and sexual assault

Benjamin Fu, the Tulsa County district attorney leading the case, said the ruling had him “completely gobsmacked”.

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“The plain meaning of forcible oral sodomy, of using force, includes taking advantage of a victim who was too intoxicated to consent,” Fu said. “I don’t believe that anybody, until that day, believed that the state of the law was that this kind of conduct was ambiguous, much less legal. And I don’t think the law was a loophole until the court decided it was.” To focus on why the victim was unable to consent, he continued, puts the victim at fault.

But several legal experts declined to fault the appeals court, saying instead that the ruling should be a wake-up call for legislators to update Oklahoma’s laws.

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.”

Source – The Guardian: Oklahoma court: oral sex is not rape if victim is unconscious from drinking | US news | The Guardian

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