Oklahoma court rules forcible sodomy isn't rape if victim is passed out

TULSA, Okla. — An Oklahoma appeals court ruled forcible oral sodomy cannot be considered force or rape.

The court made the ruling because the current statute on forcible oral sodomy doesn’t specify that doing it to an unconscious, intoxicated person who is passed out drunk is force.

Tulsa attorneys working on the case said they are outraged because the ruling means that victims of that type of sexual assault won’t be protected by the law if they were intoxicated.

Those opposed to the ruling said the court wouldn't have ruled that way if the victim were passed out because of a medical condition.

They said it shouldn’t matter why a person was unconscious in the eyes of the law.

The Tulsa attorneys said they are working with state legislators to quickly update the law.

Other defendants in the system are trying to exploit the loophole, they said.

Cox Media Group