Sen. comittee agrees to redefine oral sodomy law

Posted at 8:19 PM, May 16, 2016
and last updated 2016-05-16 23:24:27-04

Today a Senate Committee passed new legislation to change the state's current forcible oral sodomy law, which states oral sex is not assault if a person is intoxicated and passed out.

The state's highest criminal court denied protection to a Tulsa teenager because she was passed out when she was sexually assaulted. 

The girl's father spoke out because he doesn't want anyone else to go through what his daughter has endured.

"It's every father's worse nightmare from the beginning all the way through," the victim's father said.

This man's daughter will never see justice, but the fight to give her peace of mind is far from over.

For the sake of his daughter, we're protecting his identity.

He said the incident tore his family apart and has broken them in a lot of ways. They relied on the criminal justice system, only to be victimized by the law itself.

"Especially the trial, we would wake up every morning and she didn’t want to do it."

Prosecutors argued a 17-year-old boy sexually assaulted a 15-year-old girl,  intoxicated to the point of unconsciousness.

He was supposed to give her a ride home. Instead, she woke up in the hospital hours later.

"Nobody really had a straight answer for us," the father said. "They just said they were gonna do a rape kit and we'd have to wait for the results. And that took nine months to come back"

He said it was an agonizing wait to hear if his daughter was sexually assaulted.

"Finally the kit came back and there was actual DNA."

The attorney for the state said the evidence of assault was all there, but the law didn't protect the victim.

"I don't think this would've been the same decision by the court if she were unconscious for any reason other than intoxication," Ben Fu, Assistant District Attorney of Tulsa County, said.

If a person is intoxicated and is sexually assaulted, it's a crime. However the forcible oral sodomy statute does not cover someone who’s intoxicated to the point of unconsciousness.

So the case was closed, and the suspect walked free.

"He has no consequences," the father said.

Now, lawmakers are working to make sure it doesn't happen again.

"It might be too late for her, but that doesn't mean other girls can't be saved and that this kind of behavior can't be stopped in the future."

Today the victim said she feels vindicated her case led to a possible change in the law.

Now., it's up to the house and senate to pass it.

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