Close Gaping Loophole in Rape Law

Target: Mary Fallin, Governor of Oklahoma

Goal: Close a loophole in Oklahoma law that fails to protect victims who are unconscious at the time of their rape.

A recent Oklahoma court declined to prosecute a boy for forcible oral sodomy because of a loophole in the law that disregards oral and anal rapes that occur while the victim is unconscious. Sign the petition and demand that the law be amended.

The case in question involved two teenagers, a boy and a girl. The girl was drinking and had a blood alcohol level of four times the legal driving limit. The boy claims she consented to oral sex, but the girl has no memory of this and was unconscious when she was dropped off at the end of the night. Her family brought her to the hospital, where the boy’s DNA was found on her body and in her mouth.

The ruling in this case, which drops all charges against the boy without even going to trial, has outraged advocacy groups, prosecutors, and legislators alike. State Representative Scott Biggs remarked that the court was adhering to “semantics” rather than the intent of the law, while Prosecutor Benjamin Fu went even further, claiming that this was “not simply a case of a blind spot in the state legislation,” the New York Times reports. According to Fu, “the court had the ability but opted not to apply the meaning of the law to a case the Legislature had not anticipated.”

Sex without consent is rape. Sign the petition and demand that Oklahoma change its laws to reflect this reality.


Dear Governor Fallin,

The recent dismissal of oral sodomy charges against a boy due to a loophole in the law reflects a severe disconnect between what is right and what is legal in the state of Oklahoma. I urge you to assist legislators in their efforts to close this loophole and ensure justice for rape victims in the future.

The law under which the charges were dismissed states that if a victim is unconscious, there is no violation. The Court stated in its ruling that “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.”

Unconsciousness obviously makes it impossible for a person to give consent for sex, and sex without consent is rape, plain and simple. What should have been an open-and-shut case has now become a horrible miscarriage of justice. I urge you to use this preposterous ruling to close the loopholes in the law, making it easier for future rape survivors to come forward and have their cases heard.


[Your Name Here]

Photo credit: Caleb Long

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One Comment

  1. Lynn Juozilaitis says:

    This is unreal that we need a petition to make this a law! How can an unconscious person consent to any sexual act! Outrageous! Are you law makers in Oklahoma that stupid!? I won’t visit your backwards state or even drive through it! Idiots!

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