Former prosecutor plans to amend bill to include forcible sodomy definition

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Photo Contact: State Rep. Scott Biggs
Capitol: (405) 557-7405

OKLAHOMA CITY – In light of a Oklahoma Court of Criminal Appeals to refuse to interpret forcible sodomy in cases where the victim is unconscious, state Rep. Scott Biggs is planning to amend his legislation to define forcible sodomy in a way that includes unconscious victims.

“I am horrified by the idea that we would allow these depraved rapists to face a lower charge simply because the victim is unconscious,” said Biggs, R-Chickasha. “I think the judges made a grave error, but if they need more clarification, we are happy to give it to them by fixing the statute. Unfortunately, legal minds often get stuck on questions of semantics, when it is clear to most of us what the intent of the law is.” 

House Bill 2398 requires the Department of Corrections to give notice of the date of release or date of anticipated release of an inmate to the service provider designated by the Attorney General of the Oklahoma Victim Information and Notification Everyday (VINE) service not less than 5 days prior to the release of the inmate. The Department of Corrections is prohibited from releasing the inmate to the community until notification has been provided to VINE.

Biggs said he will remove the current language and replace it to expand the definition of forcible sodomy. In order to do so he will have to reject Senate amendments to the bill and send it to conference committee.

“It was a good bill, but I want to avoid any questions coming up related to logrolling,” Biggs said. “While I felt like a tweak to victim notification was needed, ensuring our laws contain adequate consequences for rapists is simply a higher priority.”