Governor signs law closing loophole in Oklahoma's sodomy law
OKLAHOMA CITY, Okla. (KTUL) -- Legislation closing a loophole in Oklahoma's sodomy law was signed by Gov. Mary Fallin Monday.
House Bill 2398 was written in response to an Oklahoma Court of Criminal Appeals decision that upheld a lower court's dismissal of a sodomy case on the grounds that the state's rape law covers people who are unconscious and unable to give consent.
"It is unfortunate that a legal technicality has led to a criminal slipping through the system, but we have now closed that loophole and justice will be served going forward," said Rep. Mike Sanders, R-Kingfisher.
The new law will close the loophole, preventing the acquittal of individuals who commit forcible sodomy on unconscious victims.
"It speaks well of Oklahoma that we rallied so quickly in response to the court's ruling and immediately closed this gaping loophole," said Rep. Scott Biggs, R-Chickasha and co-author of HB 2398. "Justice will now be served in all cases of forcible sodomy and no one will get away with such a crime because of a weakness in the language of the law."
Biggs' co-author, Sen. A.J. Griffin, R-Guthrie, says he's grateful to Biggs and fellow Oklahoma legislators who supported the measure.
"Sexual assault is a crime that can have a profound impact on victims for the rest of their lives," said Griffin. "They shouldn't be victimized a second time because a loophole prevents their assailant from being prosecuted."
The bill made it to the governor's desk May 24. The new law takes effect immediately.