Oklahoma Legislators Seek Change In Sodomy Law After Ruling

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

OKLAHOMA CITY (KWTV) -- Outraged Oklahoma lawmakers say they'll move quickly to change a loophole in the state's forcible sodomy law after the state's highest criminal court found it doesn't apply to cases where the victim is unconscious or intoxicated.

Rep. Scott Biggs said Thursday he is drafting language that legislators could consider as early as next week.

Oklahoma's highest criminal court ruled unanimously last month that while the state's rape law addresses unconscious or intoxicated victims, the forcible sodomy law does not. The court said it could not expand the "fair meaning" of the law to justify someone's prosecution.

This stems from a case out of Tulsa, where a 17-year-old was charged with forcible oral sodomy. A judge dismissed the case, saying that crime can not occur when the victim is completely unconscious. The teen allegedly had oral sex with a 16-year-old girl after they had been drinking at a park,  KFOR reported.

Rep. John Bennett said Thursday (April 28) the judge's ruling was "ridiculous" and "disgusting." He said it should not matter whether or not the victim is unconscious.

"That's about as ridiculous as me getting my best friend drunk because I know he's got hundreds of dollars in his pocket," Bennett said. "When he passes out, taking his money and saying, 'That's not really theft because he was passed out.' It's ridiculous."

Bennett said he expects changes will be made to the law within this legislative session.