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Oklahoma court rules it's legal to "forcibly sodomize" someone if they're unconscious

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Jackpot

Banned
I want you to imagine, for a minute, the federal government goes into New York and says they now have the same laws as, say, Texas.

There would be rioting in the streets.

The presumption that there is one optimal set of laws and that everyone should follow them is not one that Americans make. Texans and New Yorkers would hate having all each others' laws, so we don't make them. There are some outliers where there are horrible results like this, but it's ultimately the most efficient way of governing such a large and diverse country.

Historically Federal laws are more progressive. In fact I can only think of times when the Federal gov has had to come down hard and drag backwards states kicking and screaming into the present day.
 

Stahsky

A passionate embrace, a beautiful memory lingers.
 
Historically Federal laws are more progressive. In fact I can only think of times when the Federal gov has had to come down hard and drag backwards states kicking and screaming into the present day.

Progressive compared to Texas, sure. Progressive compared to New York and California? Not so much.
 

Saganator

Member
If you live in OK, I hope you file this into your memory bank for when it's time to vote for your judges. Holy shit, I can't believe this is real.
 

Saganator

Member
I still don't believe people vote on judges in the US.

I don't know how it works exactly, but I know we vote for local judges. Is it only at the city level? I know that I've seen ballots with judges on them, can't remember what level they were, though.
 
I don't know how it works exactly, but I know we vote for local judges. Is it only at the city level? I know that I've seen ballots with judges on them, can't remember what level they were, though.

In Oklahoma, SC judges are appointed by the governor. However, every state general election, the people vote whether or not to retain them.
 
The court obviously didn't think this one through... Let's ask the judge how thrilled he/she would be if someone sodomized them without consent while they were unconscious.

Hope for humanity diminishing...
 

Ettie

Member
At least they're fixing it?

http://www.news9.com/story/31893704/ok-legislators-draft-bill-to-fix-loophole-in-states-sodomy-law


OKLAHOMA CITY - It was a court ruling that shocked the country. The Oklahoma Court of Appeals upheld a ruling that oral sex is not considered a crime if the victim is unconscious from drinking. Lawmakers are working to close the loophole but they’re not happy about it.
The ruling was a unanimous decision by the state’s Criminal Appeals Court. It happened after a 17-year old boy was accused of sexually assaulting a 16-year old girl in a Tulsa park after the two had been drinking. Justices made the ruling because they said there is nothing in state statute that says incapacitation due to excessive drinking is a crime.

Lawmakers disagree. They say the statute is clear.

4/28/16 Related Story: Oklahoma Legislatures Seek Change In Sodomy Law After Ruling

“We all know no means no. We also know that silence means no.” said Representative John Paul Jordan (R) District 43 who is also an attorney, “And for the court to come back with a ruling that they did, first thought is like, what are they thinking? Because they ignored years of case law.”

Jordan and Representative Scott Biggs (R) District 51, are co-authoring a bill to close the loophole, although Biggs argues there really isn’t a loophole, just a misinterpretation of the current law.

“The court of appeals says we must use common sense. And that simply didn’t happen by the trial court of by the court (Of appeals),” said Biggs.

Biggs and Jordan have drafted legislation that they say defines sexual assault in crystal clear terms for the courts.

“It puts some definitions in there. Force. Consent. And it also helps define what sexual assaults are. We found out there’s not a comprehensive list,” said Biggs.

Jordan added, “And it’s sad that we actually have to start lining out these different situations instead of the court actually interpreting the statute correctly and understanding the intention is we’re not to have rape in Oklahoma.”

The bill is being fast tracked through the legislature because lawmakers fear the court ruling has set a dangerous precedent.
 

GaimeGuy

Volunteer Deputy Campaign Director, Obama for America '16
And then the court will say incapacitated is already defined as applying to only persons 18 years or older (see my earlier post), and unconscious is not defined, so the law is thrown out. At least, if the court is going to show consistency in how obtuse and Scalia-like incapable they are
 
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