April 28, 201610 yr 16 year old girl had a .34 blood alcohol. 17 year old was charged with sodomy. Said the girl was passed out so it was sodomy. Court says being passed out due to alcohol negates the charge. Oklahoma court: oral sex is not rape if victim is unconscious from drinking | US news | The Guardian It WOULD be allowed to be used if the sexual assault was vaginal.
April 28, 201610 yr If she was too drunk to consent to sex, how was she alert enough to consent to a sexual assault examination? "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."
April 28, 201610 yr If she was too drunk to consent to sex, how was she alert enough to consent to a sexual assault examination? "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." If she's underage, her parents or guardian can consent for her to be examined, I would assume.
April 28, 201610 yr Shame on the OK court system. I hear you, but the role of the court system is to interpret law, as it is currently written, and apply it to the case in question. Their job is not to create new laws as the see fit. Shame on the lawmakers who have failed to implement a comprehensive set of laws that sufficiently address rape, and what rape entails.
April 28, 201610 yr I hear you, but the role of the court system is to interpret law, as it is currently written, and apply it to the case in question. Their job is not to create new laws as the see fit. Shame on the lawmakers who have failed to implement a comprehensive set of laws that sufficiently address rape, and what rape entails. It's not surprising either, from my brief reading, as the puritans writing the criminal code couldn't even bring themselves to define the term "crime against nature" and are pretty cagey about what "sodomy" is as well. The statutes appear to be a complete mess and it was only a matter of time before they failed a victim completely.
April 28, 201610 yr Author I hear you, but the role of the court system is to interpret law, as it is currently written, and apply it to the case in question. Their job is not to create new laws as the see fit. Shame on the lawmakers who have failed to implement a comprehensive set of laws that sufficiently address rape, and what rape entails. Assuming the courts used proper logic and used current law then I agree. It's more of a reflection upon how behind their laws are.
April 28, 201610 yr If she's underage, her parents or guardian can consent for her to be examined, I would assume. Perhaps but isnt that a pretty invasive thing to preform to someone who is unconscious? Wonder what the medial laws are on that.
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