The girl was still unconscious after being dropped off
and was taken to a hospital where doctors found the boy's DNA around the girl's mouth and on the back of her legs. The girl said she had no memory of leaving the park and Tulsa County prosecutors charged the boy with forcible oral sodomy.
"We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language," the appeals court wrote in its opinion.
County District Attorney Benjamin Fu called the ruling "insane," "dangerous" and "offensive," and argued an intruder entering an unlocked house can be still charged with breaking and entering.
Because the court's opinion was unpublished, it can't be used as legal precedent, Fu said, but the ruling might lead to those convicted under similar circumstances to be freed on appeal or make reporting the crime much more difficult for victims.
"All this does is add to the fire," Fu said. "[Sexual assault victims'] biggest fear is that people they tell the story to won't understand or will judge them for their behavior. If they had that concern, the Court of Criminal Appeals affirmed that, 5-0."
UPI
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