Legislature Closes Loophole

State lawmakers have voted to close a loophole that allowed some rapists to avoid harsh penalties.

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 state Rep. Pam Peterson, a 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 state Sen. James Williamson (R-Tulsa) was a key player in the process and helped find legislation that could be amended to include the rape language.

State Rep. Randy Terrill, a Moore Republican who authored the bill, was also active in the effort.

"This is a great law and order bill," Terrill said. "Most importantly, it closes the loophole in the rape statutes. Under current state law, a thug who drugged someone before raping them could not face first-degree rape charges, which could only be applied only in cases where force or violence was used. There was no logical rationale for making that distinction. A rapist who drugs his victims or otherwise renders them unconscious is just as brutal and the consequences for the victim are just as devastating, so the punishment should be the same in both cases."

Terrill noted the bill also allows greater punishments for individuals found with more than 100 images of child porn and allows for property used in the commission of that crime to be seized and sold for the benefit of law enforcement. The bill also expands the definition of child stealing and makes desecration of a dead body a separate crime with enhanced penalties when the desecration is an attempt to conceal evidence of crime or the identity of a victim.

Senate Bill 1992 passed the state Senate 45-0 and passed the Oklahoma House of Representatives 94-0 last week. It now awaits the governor's signature to become law.