Court: Oral sex not rape if victim is intoxicated, unconscious

A district court dismissed the forcible oral rape charge based on the wording of the state’s forcible sodomy 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.

The court dismissed the charge because unconsciousness and intoxication are not mentioned in the state’s forcible sodomy law. Essentially, the court would’ve been rewriting the law if it’d found the defendant guilty.