Originally Posted by Forkbeard

It's not the courts, it's the statute. Oklahoma's "forcible sodomy" law requires actual force, and pretty much specifies that lack of consent / incapacity to consent is not what the legislature meant by "force". Meanwhile there is another law that covers passed-out incapacity to consent and it specifies anal/vaginal contact. The story you linked is about an "oral sodomy" case, which falls through the resulting loophole.

It's a disgusting situation for sure, but you can't blame the court for this one. It's Oklahoma's legislature that's fucked up, which is not news to anybody who ever visited there.