Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Locked thread
BigBallChunkyTime
Nov 25, 2011

Kyle Schwarber: World Series hero, Beefy Lad, better than you.

Illegal Hen
http://www.cnn.com/2016/04/29/us/oklahoma-sodomy-laws-inebriation/index.html

Emphasis mine

quote:

(CNN)An Oklahoma lawmaker is promising to close what he called a "court-created loophole" in state law that blocked the prosecution of a teenager accused of sexually assaulting a drunken girl two years ago and set off cries of protest around the nation.

"I am horrified by the idea that we would allow these depraved rapists to face a lower charge simply because the victim is unconscious," Rep. Scott Biggs said earlier this week in announcing plans to rush a fix through the legislature.

The Oklahoma Court of Criminal Appeals ruled March 24 that a lower court judge was right to dismiss a forcible oral sodomy charge against the teenaged suspect because state law doesn't mention intoxication or unconsciousness among the five criteria describing the crime.

Biggs, a former prosecutor, said he thought the judges got bogged down on details and lost sight of the big picture.
"I think the judges made a grave error, but if they need more clarification, we are happy to give it to them by fixing the statute," he said. "Unfortunately, legal minds often get stuck on questions of semantics, when it is clear to most of us what the intent of the law is."

Biggs said Thursday on Facebook that he has amended another bill he sponsored to serve as the vehicle to quickly change the law.

"We should have this court-created loophole fixed next week," he wrote. "While I can't find the words to express my deep sorrow for the victim and her family, I can guarantee them this will be fixed."

The case put Oklahoma in a harsh spotlight, with headlines in national publications, websites and members of the public asking variations on this question, posed on Salon.com: So it's not rape if she's passed-out drunk?
"Heartbroken and outraged at the ruling in OK," Planned Parenthood President Cecile Richards tweeted Thursday. "Our courts and laws cannot dismiss the violence women face."

Others compared state leaders to the Taliban, or said they were embarrassed.

The ruling:

The court's decision involves 2014 accusations against a 17-year-old boy accused of sexually assaulting a 16-year-old female schoolmate after smoking marijuana and drinking in a Tulsa park.

After the girl became incapacitated and unable to walk -- her blood-alcohol level was later found to be four times the legal limit to drive -- two friends carried her to the suspect's car, who allegedly forced her to perform oral sex.


The boy initially told police that it was all consensual, but the girl told investigators that she had no memory of it.
Prosecutors charged the boy with first-degree rape and forcible oral sodomy. The rape charge was later dropped due to lack of evidence.

A district court judge then dismissed the forcible oral sodomy charge based on the wording of the state law. It is distinct from the laws for rape, which is defined in the state as a forced act of "sexual intercourse involving vaginal or anal penetration." The ruling was appealed to the Oklahoma Court of Criminal Appeals, which upheld the lower court's decision.

In its ruling, the court dismissed the charge because unconsciousness and intoxication are not mentioned in the state's forcible sodomy law.
"We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language," the court ruled.


Rewriting the law

Benjamin Fu, director of the special victims unit for the Tulsa County District Attorney's Office and the lead prosecutor on the case, called the decision absurd.

"I don't believe that our legislators or our citizens believe that we as prosecutors or as a public should be focusing on the conduct or choices that a victim made in order to determine whether or not an assailant should face criminal liability," Fu told CNN affiliate KTUL.

Assistant Director for Domestic Violence Intervention Services Donna Mathews says it's imperative that the language of the law be changed. "The legislature has the job of making it right and the rest of us as the public the job of reaching out to our legislators to say 'we want you to do this'," Matthews told the station.

But Shannon McMurray, an attorney for the defendant, told Oklahoma Watch she thought prosecutors handled the case poorly.
"The court agreed what the state was attempting to do was rewrite statute and add an element," McMurray said. "You can't substitute force with intoxication under the law."

The verdict was issued "unpublished" -- meaning that it cannot be used as precedent. But Fu expressed concern that it might still be used to inform similar defenses in other cases.

I guess if you're a depraved rapist and you live in Oklahoma, you should celebrate or something? Better hurry soon, though. Lawmakers are rushing back to the capitol to close these loopholes.

Adbot
ADBOT LOVES YOU

satanic splash-back
Jan 28, 2009

blowjobs aren't sex

trash person
Apr 5, 2006

Baby Executive is pleased with your performance!
It's true while an unwanted dick in the vagina can be a traumatizing emotionally destroying experience an unwanted dick in the mouth is an enlightening situation which is a good source of protein for workouts.

I'm going to move with my newborn to Oklahoma so he can learn right.

SurfaceDetail
Feb 17, 2016

by Cowcaster
How else are Native Americans supposed to reproduce OP. They're dwindling

(USER WAS PUT ON PROBATION FOR THIS POST)

loquacius
Oct 21, 2008

satanic splash-back posted:

blowjobs aren't sex

this is now official law in the state of Oklahoma

*bangs gavel*

Cthulu Carl
Apr 16, 2006

Maybe you should blame the legislature for writing such a poo poo law?

Or better just blame all of Oklahoma for being Oklahoma.

paul_soccer10
Mar 28, 2016

by Jeffrey of YOSPOS

SurfaceDetail posted:

How else are Native Americans supposed to reproduce OP. They're dwindling

jeeeeeeeeeeez

Fluffy Bunnies
Jan 10, 2009

Music while you read this: https://www.youtube.com/watch?v=SJK-Zc2fc38

Meme Poker Party
Sep 1, 2006

by Azathoth

satanic splash-back posted:

blowjobs aren't sex

I'm going to allow this!

loquacius
Oct 21, 2008

"I don't give a hot gay gently caress what Congress says! Blowjobs aren't sex, dude!" -- Gokulahoma

rio
Mar 20, 2008

How do you give a blow job if your passed out?

Bill Barber
Aug 26, 2015

Hot Rope Guy

rio posted:

How do you give a blow job if your passed out?
Very carefully.

BigBallChunkyTime
Nov 25, 2011

Kyle Schwarber: World Series hero, Beefy Lad, better than you.

Illegal Hen

rio posted:

How do you give a blow job if your passed out?

Someone doesn't know about facefucking...

Meme Poker Party
Sep 1, 2006

by Azathoth

rio posted:

How do you give a blow job if your passed out?

If the facts don't fit you must acquit!

Neutrino
Mar 8, 2006

Fallen Rib
The courts have decided that it is automatically consensual ONLY IF the girl is a slut. The courts have also ruled that all girls/women/grandmothers are sluts.

neato burrito
Aug 25, 2002

bitch better have my chex mix

satanic splash-back posted:

blowjobs aren't sex

neither are rim jobs, but that's not gonna stop me from paying a hooker to get one.

vug
Jan 23, 2015

by Cowcaster
I'm glad op.

Tolkien minority
Feb 14, 2012


quote:

Benjamin Fu, director of the special victims unit for the Tulsa County District Attorney's Office and the lead prosecutor on the case, called the decision absurd.

i would totally watch a baltimore SVU starring Benjamin Fu

www
Aug 4, 2010

4 times over the legal limit isnt that high considering the limit is already so low, loving lightweight

Meme Poker Party
Sep 1, 2006

by Azathoth

www posted:

4 times over the legal limit isnt that high considering the limit is already so low, loving lightweight

I love your posts because they are just so funny with that avatar beside them.

Chubbs
Feb 13, 2008

In a thousand years, Gandahar was destroyed. A thousand years ago, Gandahar will be saved, and what can't be avoided will be.
Grimey Drawer

satanic splash-back posted:

blowjobs aren't sex

I'm gonna innocently stick my dick out and walk forward towards your open mouth while you sleep.

If I cum in it then it's your own fault!

gary oldmans diary
Sep 26, 2005

quote:

In its ruling, the court dismissed the charge because unconsciousness and intoxication are not mentioned in the state's forcible sodomy law.
"We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language," the court ruled.
it is legal to rape someone in oklahoma if you wear a funny hat because there is no mention of wearing a funny hat in oklahomas rape laws

Neutrino
Mar 8, 2006

Fallen Rib

Chubbs posted:

I'm gonna innocently stick my dick out and walk forward towards your open mouth while you sleep.

If I cum in it then it's your own fault!

WOW! That sounds kinda hot. Maybe, you and that judge could get high and drunk and see wants consensual oral sex first?

Meme Poker Party
Sep 1, 2006

by Azathoth

gary oldmans diary posted:

it is legal to rape someone in oklahoma if you wear a funny hat because there is no mention of wearing a funny hat in oklahomas rape laws

- A Judge

Meme Poker Party
Sep 1, 2006

by Azathoth
OK City more like OK-to-rape City!!!

trash person
Apr 5, 2006

Baby Executive is pleased with your performance!
Maybe the judge watched too much Air Bud.

"Ain't no rule says man can't face gently caress a sleepin' woman."

Malinois
Jun 13, 2003


www posted:

4 times over the legal limit isnt that high considering the limit is already so low, loving lightweight

according to the snopes entry on this she blew a .341 after some time had passed, that chick was tore

LGD
Sep 25, 2004

tbh this seems like the correct legal decision, lol at Oklahoma for having such badly written laws

loquacius
Oct 21, 2008

LGD posted:

tbh this seems like the correct legal decision, lol at Oklahoma for having such badly written laws

Personally when poo poo like this happens in my state because our laws suck, the laws get changed

like, a guy got let off the hook for sticking a camera up women's skirts on the T because technically it wasn't illegal; like two days later it was illegal

Anyone know if the law that let George Zimmerman off the hook is still a law?

Stinky_Pete
Aug 16, 2015

Stinkier than your average bear
Lipstick Apathy
So how many strawberritas do I need to feed the judge before I can legally teabag him?

Maybe he just wants a city that never sleeps!

Stinky_Pete fucked around with this message at 18:13 on Apr 29, 2016

penus penus penus
Nov 9, 2014

by piss__donald
seems like it's going to be fixede in literally a week and is an issue of semantics OP

Nick Rivers
Nov 23, 2004

Neutrino posted:

The courts have decided that it is automatically consensual ONLY IF the girl is a slut. The courts have also ruled that all girls/women/grandmothers are sluts.

OklamoMRA- " The Sooner She Passes out, the Better State"

paul_soccer10
Mar 28, 2016

by Jeffrey of YOSPOS

loquacius posted:


Anyone know if the law that let George Zimmerman off the hook is still a law?

feature not bug

rio
Mar 20, 2008

So in other states if you don't remember having sex then it's rape?

Nonsense
Jan 26, 2007

Don't drink. problem solved

angel_munoz
Apr 29, 2016

by Shine
dgsw if hes a celeb and this still gets to u and ur sister and ola wont help u just confront him in front of his family and make a scene imo

u culd have told me about this poo poo i would have done it

fedsmoker wouild be in too so would pat

u already hosed all my friends as did nera

leaflower tell me all the things while we got robbed by hookers at a best western one time while drunk

RobattoJesus
Aug 13, 2002

This is bullshit! As someone who is frequently unconscious in public this is an outrage .

Meme Poker Party
Sep 1, 2006

by Azathoth

RobattoJesus posted:

This is bullshit! As someone who is frequently unconscious in public this is an outrage .

Wait until the narcolepsy community hears about this!

a shiny rock
Nov 13, 2009

Chomp8645 posted:

OK City more like OK-to-rape City!!!

Adbot
ADBOT LOVES YOU

Tinestram
Jan 13, 2006

Excalibur? More like "Needle"

Grimey Drawer
it appears the prosecution's legal fu wasn't strong enough

  • Locked thread