Post by pavel on Apr 28, 2016 22:45:26 GMT -6
OKLAHOMA CITY (AP) — After Oklahoma's highest court dismissed a criminal charge against a 17-year-old boy accused of forcing a heavily intoxicated girl to perform oral sex, outraged lawmakers vowed Thursday they'll move quickly to fix an apparent loophole in the state's forcible sodomy law.
The Oklahoma Court of Criminal Appeals' unanimous ruling, first reported by Oklahoma Watch, a nonprofit journalism corporation, said last month that while Oklahoma's rape law addresses unconscious or intoxicated victims, the forcible sodomy law does not. The court said it could not expand the "fair meaning" of the law to justify someone's prosecution.
"The Legislature's inclusion of an intoxication circumstance for the crime of rape ... is not found in the five very specific requirements of forcible sodomy," the court wrote.
The teen suspect was initially charged in 2015 in Tulsa County District Court. A lower court judge had dismissed the case last year, but the state appealed.
Read more: bigstory.ap.org/article/f0ff14d6231043ffa9ca029067da663b/oklahoma-legislators-seek-change-sodomy-law-after-ruling
The Oklahoma Court of Criminal Appeals' unanimous ruling, first reported by Oklahoma Watch, a nonprofit journalism corporation, said last month that while Oklahoma's rape law addresses unconscious or intoxicated victims, the forcible sodomy law does not. The court said it could not expand the "fair meaning" of the law to justify someone's prosecution.
"The Legislature's inclusion of an intoxication circumstance for the crime of rape ... is not found in the five very specific requirements of forcible sodomy," the court wrote.
The teen suspect was initially charged in 2015 in Tulsa County District Court. A lower court judge had dismissed the case last year, but the state appealed.
Read more: bigstory.ap.org/article/f0ff14d6231043ffa9ca029067da663b/oklahoma-legislators-seek-change-sodomy-law-after-ruling