What is the legal definition of forcible sodomy?
Sodomy generally includes anal or oral sex between people.
The crime of forcible sodomy is when:
- you are under 16 years old and the offender is over 18 years old;
- you are unable to consent because of mental illness or any unsoundness of mind (the age of the offender doesn’t matter);
- the offender uses force, violence, or threats of force or violence (your age and the offender’s age doesn’t matter);
- you are a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state, an agency’s subcontract or subcontractor’s employee and the offender is a state, county, municipal or political subdivision employee, contractor, or an employee of a contractor;
- you are at least 16 years old but less than 20 years old and a student in any public or private secondary school, junior high or high school, or public vocational school and the offender is 18 years old or older and is employed by the same school system;
- you are unconscious and the offender should know that you are unconscious; or
- you are intoxicated due to the offender’s actions (and the reason that the offender got you intoxicated is so that you would not resist being sodomized).1
1 21 O.S. § 888(B), 22 O.S. § 40(2)