On June 1 2014, after volunteering to give her a ride home, a 17-year-old boy assaulted a 16-year-old girl. The two left Tulsa park in Oklahoma, where they had been drinking with friends. The girl was brought to her grandmother’s home still unconscious, and was promptly taken to the hospital. A series of tests were conducted, one which put her blood alcohol content at .341, and another which confirmed the 17-year-old boy’s DNA was on the back of her leg and around her mouth.
The boy claimed she consented to oral sex, although she had no recollection of what happened to her after leaving the park. He was charged with forcible oral sodomy.
On March 2016, the charges were dismissed. According to a lower court decision, the case presented by prosecutors did not meet the standards for either forcible sodomy or rape charges due to the case not meeting the standards for a rape charge in Oklahoma law.
The appellate court noted, “Forcible Sodomy cannot occur when a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation. Finding no error, the State’s’ appeal to this court is denied. The Legislature’s inclusion of an intoxication circumstance for the crime of Rape is not found in the five very specific requirements for the commission of the crime of Forcible Sodomy.”
In simpler terms, there are five specific conditions under which a suspect may be charged with sodomy, but incapacitation by alcohol is not one of them. However, under Oklahoma law, intoxication was allowed to be a circumstance under vaginal and anal sexual contact to be considered rape. Therefore, because the specific text did not state oral sexual contact as a circumstance, as of now in the state of Oklahoma if one was intoxicated to the point of unconsciousness, and someone had only oral sex said unconscious intoxicated person, it is not technically rape.
On this very day, in this minute, someone could be forced into performing oral sex while intoxicated to the point of unconsciousness, and would not be protected under Oklahoma law. That person’s case would be dismissed in court, and their rapist will continue to walk around the same county as the victim. The rapist would walk free.
They will live the rest of their lives wondering why drug dealers get longer sentences in prison than rapists who often times never spend a day in prison, even though people ask for drugs, and no one asks for rape.
The survivor would have to live with the tainted dignity, slut-shaming, and victim-blaming so long as their rapist walks the earth.