Senate closes sodomy law loophole

Lawmakers passed a bill closing a loophole in the state sodomy law.

The full Senate gave final passage to the measure which closes a loophole in Oklahoma’s sodomy law.   The legislation was written in response to an Oklahoma Court of Criminal Appeals discussion upholding a lower court’s dismissal of a sodomy case on the grounds that Oklahoma’s rape law covers people who are unconscious and unable to give consent, but didn’t specifically address sodomy under such circumstances.

“If someone is unconscious, they obviously cannot give consent,” said Sen. A.J. Griffin, R-Guthrie, a principal author of House Bill 2398. “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.”

“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,” said Rep. Scott Biggs, R-Chickasha. “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.”