Oklahoma court: oral sex is not rape if [passed out drunk]

(My apologies if this has been posted already and I missed it.)

Oklahoma court: oral sex is not rape if victim is unconscious from drinking

Quote:

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. “Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation,” the decision read. Its reasoning, the court said, was that the statute listed several circumstances that constitute force, and yet was silent on incapacitation due to the victim drinking alcohol. “We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Not sure if bad, late April Fool's joke...

eta:

Quote:

“There was absolutely no evidence of force or him doing anything to make this girl give him oral sex,” McMurray said, “other than she was too intoxicated to consent.”

...what?

via International Skeptics Forum http://ift.tt/1STwU3x