She told Oklahoma Watch, which was first to report the ruling , that prosecutors were clearly in the wrong to charge the young man with forcible sodomy, and not a lesser crime of unwanted touching. Its reasoning, the court said, was that the statute listed several circumstances that constitute force, and yet was silent on incapacitation due to the victim drinking alcohol. She said the Oklahoma law was an example of a gulf that still exists in some places between the law and evolving notions around consent and sexual agency. The boy claimed to investigators that the girl had consented to performing oral sex. And the appeals court ruling , on 24 March, affirmed that prosecutors could not apply the law to a victim who was incapacitated by alcohol. Many states have engaged in a broad overhaul of their rape laws in recent years, Anderson said, part of a movement to fall in line with the modern understanding of rape.
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