Recently, an Oklahoma judge said that it’s “okay” for people to be orally raped if they’re passed out drunk.
To say that you have to be awake for it to be rape, but it’s okay if you’re unconscious…….well, it must be okay ‘cuz the judge said so.
Excuse me, you say. This can’t be true.
Sorry, but it IS true and it’s being lived in Oklahoma.
This judges decision does nothing more than legitimize the rape culture that has taken root in this country and allow the blaming of the victim instead of the rapist. It goes along with Brigham Young University punishing, and expelling, girls for speaking out about their rapists. Again, punishing the victim instead of punishing the rapist/criminal.
I find it ironic that this same judge hasn’t done a written opinion because he doesn’t want it to be cited or have his decision used in any other court case. To me, this proves that he knows his decision is a bad one that goes against common sense, morals, ethics and the law.
Here is the gist of the problem…..
The case involved a 16-year old girl who was drinking in a park with some others, and passed out. One of the boys “volunteered” to drive her home.
“Via Raw Story:
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.
Tests would later confirm that the young man’s DNA was found on the back of her leg and around her mouth. The boy claimed to investigators that the girl had consented to performing oral sex. The girl said she didn’t have any memories after leaving the park. Tulsa County prosecutors charged the young man with forcible oral sodomy.
But the trial judge dismissed the case. And the appeals court ruling, on 24 March, affirmed that prosecutors could not apply the law to a victim who was incapacitated by alcohol.
This makes no sense to me. First, that they would differentiate on the sole basis of alcohol. What about drugs? What if she mixed the two? How is it any less forcible oral sex because she was unconscious?
The prosecutor was plainly shocked.
Benjamin Fu, the Tulsa County district attorney leading the case, said the ruling had him “completely gobsmacked”.
“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.
Others say the law is the problem, that it’s written in such a way that it allows for a loophole big enough to drive a penis through. While there are laws on the books to prosecute in instances where the victim is too intoxicated to consent to intercourse, there is no protection for forced oral sex. Apparently it’s only a crime in Oklahoma if the victim is aware that the act is being performed.”
This ruling should terrify every single one of us. It opens the door to sexual assault of our mothers, sisters, aunts, daughters and friends. It opens the door for anyone, male, female, trans, gay, lesbian, to be raped and have no judicial recourse because this one, lone, judge has decided it’s “okay” to rape the unconscious.
We all have the right to be safe in whatever you do, wherever we are and whoever we’re with. Nor should one gender be punished for the crimes of the other.
Life, liberty and the pursuit of happiness aren’t just words on a piece of parchment. They are one of the founding ideals of this country. And, in courts like this, these guaranteed rights are being stripped away from each of us.
Slowly, but surely our safety, liberty and right to happiness is being stripped with decisions like this. Decisions that promote misogyny and take away the rights that everyone should have are simply wrong. Inalienable rights guaranteed by the Constitution of the United States are for absolutely everyone, not just the criminals.