Rape Law Loophole Closed

A loophole that has allowed some rapists to avoid harsh penalties would be corrected under a bill passed by the Legislature that is now on Governor Henry's desk for action.

Among other things, Senate Bill 1992 amended Oklahoma's first-degree rape law to include cases where rape occurs when "the victim is intoxicated by a narcotic or anesthetic agent" or cases where "the victim is at the time unconscious."

"This legislation will make it easier to subject rapists to the full punishment allowed under the law," said Rep. Pam Peterson, Tulsa Republican who authored the proposal. "Unfortunately, we've already seen one case where an accused rapist was able to exploit this loophole. We don't want any rapist to ever evade justice on a technicality."

The legislation was proposed after Olayinka Osifeso, a former St. Francis Hospital nurse, was accused of raping a drugged patient at the hospital but could not face a first-degree rape charge because state law only permitted a second-degree charge in those cases.

Another recent incident in the town of Coyle illustrates the need for the new law, Peterson said. According to news reports, a teenage girl in that town recently attended a party and was given a drink she now believes contained a "date rape" drug. After passing out, the girl says she was raped and woke up with six men in the room. Coyle police are reportedly investigating the crime and believe two men may have committed the alleged rape while four others were aware of it. James Willie Chupp, a 24-year old Coyle man, has been charged only with second-degree rape by intoxication.

Peterson said Senator James Williamson (R-Tulsa) was a key player in the process and helped find legislation that could be amended to include the rape language. Rep. Randy Terrill, Moore Republican who authored the bill, was also active in the effort.

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