After hearing about a recent ruling by the Oklahoma Court of Criminal Appeals, it occurred to me that the Libertarian blogger Willis Hart might want to either move or vacation there to take advantage of the unanimous decision that says oral sex with an unconscious person is not rape.
|In Oklahoma, it's legal to have oral sex with someone who's completely unconscious, the state's highest criminal court has ruled. ...the Court... found that a teenage boy was not guilty of forcible sodomy after having oral sex with a teenage girl who was so intoxicated after a night of drinking that she had to be carried to his car. "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 judges ruled on March 24.|
...some legal experts note that Oklahoma's forcible sodomy law only prohibits oral sex with someone who's unable to provide consent because of mental illness or mental disability, not because of intoxication or unconsciousness. Therefore... the court's ruling was appropriate. The state has a separate rape law that protects victims who are too drunk to consent, but only in cases of vaginal or anal penetration, not oral sex. (Here's Why Oral Rape is Not Rape in Oklahoma by Samantha Michaels. Mother Jones 4/28/2016).
So the judges DID NOT say that intoxication equals consent. If they had I'd definitely not be surprised if Willis hopped on a plane ASAP to get to OK for some "consensual sex". But getting to orally rape a woman after getting her liquored up doesn't sound bad (if you're a raper).
Willis, if he doesn't move to OK, may be scheduling an OK vacation very soon, I think. I say this due to many many commentaries Willis has authored for his blog in which he laments the fact that the man sometimes gets charged with rape when two drunk people have sex and the woman "has second thoughts" the next day (OST #136).
BTW, given Willis' constant and long-lasting hand-wringing over a problem (false rape charges) that represents 2-8 percent of accusations, while not seemingly caring much (or at all) about the fact that that less than half of incidents of rape are even reported and only three percent of rapists actually receive prison time, it's no surprise he's "racking his brain" regarding drunken sex possibly being "non-forcible rape".
|Willis Hart: Non-Forcible Rape? I'm really racking my head on this one, folks. The ONLY thing that I could come up with is a 20 year-old having consensual sex with a 17 1/2 year old, some borderline statutory rape type of situation. I really think that Mr.s Ryan and Akin need to take a minute and flush this bad boy out a little. Agreed? (9/4/2012 AT 7:29 PM).|
Yeah, if a man gets a woman drunk and has sex with her, might that be "non-forcible rape"? Because highly inebriated or unconscious women don't resist (at least not much). But that likely didn't occur to the Hartster because, in his mind, if a woman is too drunk to say NO, that's the same as saying YES... provided the man is drunk as well, I'm gathering (from his many posts on the subject).
See also: Rape-publicans will soon be descending on Oklahoma to sexually assault underage girls (4/30/2016 commentary from the blog Disaffected And It Feel So Good).