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Like I said, had all cases been tried in the liberal media rather than in courts, nothing like this would happen.
Now, the court DID NOT say "oral sex not rape if victim is intoxicated, unconscious." The liberal media said that. What the court said was that "we believe it's rape but the current law doesn't define that as rape. We, as the judicial branch, can't arbitrarily change the law."
The "liberal media" explained what the court said, and obviously it boils down to "oral sex not rape is victim is intoxicated". That's what the ruling means.
Oh please this judge must be a Bill Clinton appointee ... oral sex isn't rape if victim is drunk give me a break.
It appears to be more in the way of sloppy lawmaking, as far as I can tell. Or rather, it's a holdover from Oklahoma's more puritan roots - oral sex is sodomy, see, a crime against nature in the first place. So it has to be kept in a category apart from what Oklahoma's lawgivers would consider proper intercourse.
The "liberal media" explained what the court said, and obviously it boils down to "oral sex not rape is victim is intoxicated". That's what the ruling means.
The honest and ethical reporting should be :"Judges let rapist go because of vague law," or "Judge refused to convict because the current law doesn't define oral sex as rape."
Legal definitions. Rape legally is defined as intercourse performed by force. The legal definition of intercourse is the penetration of the penis.........
The honest and ethical reporting should be :"Judges let rapist go because of vague law," or "Judge refused to convict because the current law doesn't define oral sex as rape."
In other words, "Oral sex not rape if victim is intoxicated".
Status:
"everybody getting reported now.."
(set 26 days ago)
Location: Pine Grove,AL
29,573 posts, read 16,556,695 times
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Quote:
Originally Posted by lifeexplorer
Like I said, had all cases been tried in the liberal media rather than in courts, nothing like this would happen.
Now, the court DID NOT say "oral sex not rape if victim is intoxicated, unconscious." The liberal media said that. What the court said was that "we believe it's rape but the current law doesn't define that as rape. We, as the judicial branch, can't arbitrarily change the law."
My real question is, if the legislature does change the law, how do anybody determine "intoxicated?" Is there a test that we can do? If I went on a date and had sex, how would my date know I am not intoxicated?
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.
effectively, the state indeed does not define rape by the intoxication level or conscious level. so CNN made a click bait title, but it is factually true. it legally cant be defined as rape.
As for intoxication, I actually agree that it shouldnt be part of the criteria. Not because I think you cant be too drunk to know whats going on to you , but because arguing that someone cant consent to sex simply because they are legally drunk is a dumb argument legally. Many people get drunk simply so they can have the courage to have sex. And sexual assault laws tend to not take into account that and guys seems to get he short end of the stick.
It's very Republican - If you can't defend yourself, you deserve what you get.
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