Oklahoma Legislature Closes Loophole In New Law

Gov. Mary Fallin signed multiple bills Monday including one that will close a loophole that could allow individuals who commit forcible sodomy on unconscious victims to receive acquittal.

House Bill 2398, by state Rep. Scott Biggs and state Sen. AJ Griffin, was written in response to an Oklahoma Court of Criminal Appeals decision.

The court upheld 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.

“Sexual assault is a crime that can have a profound impact on victims for the rest of their lives,” said Griffin, R-Guthrie. “They shouldn’t be victimized a second time because a loophole prevents their assailant from being prosecuted. I’m grateful to Rep. Biggs for his work on this issue, to our fellow members who supported this measure and to Gov. Fallin for signing it into law.”

The new law takes immediate effect.