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Sexual Assault Ruling in Oklahoma Spurs Calls to Change State Laws

Outraged activists and prosecutors in Oklahoma called for changes to a state law on forced oral sex after a court rejected the prosecution of a teenage boy in Tulsa because his 16-year-old accuser had been intoxicated to the point of unconsciousness.

“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 Court of Criminal Appeals ruled in the case.

“We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language,” it said.

Advocates for rape victims said the decision by the appeals court was not all that surprising given the patchwork inconsistency of state-by-state sexual assault laws that leave legal gray areas. But other experts said the ruling should jolt other states into examining their own laws.

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