A Criminal Appeals Court in Oklahoma has shocked everybody with its decision not to criminalize oral sex with a person who is fully unconscious. The court ruling has generated strong reactions from people, who say the judicial system should not be involved in victim-blasting and perpetuating out-dated ideas about rape.

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This particular judgement came as part of a case where a 17-year-old man was accused of mugging a 16-year-old girl after offering to give her a ride home. The suspect and the victim reportedly had a drink in Tulsa park with a group of friends and the girl ended up severely drunk. According to eyewitnesses, the victim had to be carried into the defendant's car.

The defendant took the girl to her grandmother's home. When she was found to be still insentient, she was taken to a nearby hospital, where an examination found her blood-alcohol level above .34. The victim woke up as hospital staff were conducting a sexual assault test on her.

Medical examiners confirmed that the young man's DNA was found on the back of the victim's leg and around her mouth. The accused told the court that girl had consented to performing oral sex. The victim, however, said that she does not have any recollections of leaving the Tulsa Park. Tulsa County prosecutors charged the young boy with forcible oral sodomy.

"Forcible sodomy cannot possible when a victim is so drunk as to be entirely comatose at the time of the sexual act of oral copulation," the court decision read.

Oklahoma is the 28th most populous states in the US.

TagsOral Sex, Oklahoma