Passed out oral
Forced oral sex where the victim has passed out after drinking cannot be considered rape in the eyes of the law, a US appeals court has ruled. Judges had been asked to consider the case of a year-old boy accused of sexually assaulting a year-old girl after driving her home following a session of drinking at a park in Tulsa. She woke up to doctors performing a sexual assault examination in hospital, which found the DNA of the defendant on her legs and mouth. The boy told police he had engaged in oral sex with the girl, but that it was consensual and her idea.




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An Oklahoma court has some strange opinions when it comes to rape law or, more specifically, what circumstances of an assault do and don't legally constitute sexual assault. A Tulsa County judge dismissed the case, which involved two high school students, last November on the grounds that Oklahoma statutes do not criminalize forcing an unconscious person to perform oral sex. Tulsa County District Attorney's Office appealed that ruling in March — and it was again struck down by an Oklahoma court. The decision has sparked anger among many who say it just feeds a system of victim blaming, wherein a whole set of criteria — alcohol consumption, behavior, sexual history, clothing at the time of the assault — throws the legitimacy of a person's claim of rape into question. In this case, a year-old boy — identified in court documents as RZM — offered to drive a year old girl home after the two had been drinking and smoking pot in a Tulsa park with a group of friends.

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