Bill Signed To Close Rape Loophole

A new law looks to close a loophole in Oklahoma's rape laws. The law used to allow some rape suspects to face lesser charges, if their victims were drugged or passed out. Governor Brad Henry signed into law this week a measure that would change that.

The News On 6's Ashli Sims reports lawmakers say it's the case against a former St. Francis nurse that brought the loophole to their attention

The nurse was accused of first degree rape, but will only face second degree charges. The reason, the woman was unconscious.

A St. Francis patient testified in court she woke up from a drug-induced stupor to find her nurse, Olayinka Osifeso on top of her.

Osifeso denies any wrongdoing, but a judge decided there was enough evidence for him to stand trial on rape charges. He was originally charged with first degree rape.

A loophole in the law downgraded the charge to second degree, because his accuser was unconscious. The disparity between the conscious and the unconscious outraged victim's rights advocates.

"Rape is rape, whether you're awake during it or not," said Tracey Redmon of DVIS Call-Rape.

State lawmakers rallied to change the law, in light of the Osifeso case.

First degree rape now includes victims intoxicated by narcotics or anesthesia and victims who were unconscious at the time of the crime.

"We're glad very glad to see it. And we feel like it's been a long time coming for the victims that we serve here," said Redmon.

Redmon says the change will have an effect, because first degree rape carries a much harsher penalty.

"Certainly I think that knowing that will increase the number of people who report. We hope that's an outcome," said Redmon.

Call Rape's forensic nurse reports 70 to 75% of recent rape victims were under the influence of some kind of substance.

Olayinka Osifeso's case is still working its way through the legal system. He says he is innocent.