A measure to close a loophole in Oklahoma’s sodomy law is headed to the Governor for her consideration. House Bill 2398 was the legislative response to a Court of Criminal Appeals decision.
A lower court ruled that Oklahoma law did not specifically address sodomy when a person was unconscious and unable to give consent. While the state’s rape law did provide specific language on consent and a person’s state of consciousness.
Senator A.J. Griffin and Rep. Scott Biggs worked on the legislation.
“If someone is unconscious, they obviously cannot give consent. While we strongly disagreed with the court’s conclusion, the issue we were faced with was how to make sure this never happens again. This legislation adds specificity to our statutes and closes the loophole that prevented justice from being done. With the governor’s signature, this legislation will make sure those who commit such crimes can be prosecuted and held accountable instead of walking away because of a technicality,” said Griffin.
“I am grateful to my House and Senate colleagues for working with me to allow a new proposal in late session to rectify the gaping hole in criminal law left open by the decision of the Oklahoma Criminal Court of Appeals. It is simply not acceptable to allow sexual predators to get away with forcible sodomy simply because the victim is unconscious. We have been swift in our response to closing up this new loophole and I am grateful for the support,” said Biggs.
