“I told the court that this (argument) is absurd,” said Fu, the lead prosecutor in the case. “And their response was essentially, ‘We’re not going to create a crime where one does not exist.’ ”

Fu said he and law enforcement officials plan to push for legislation to address the discrepancy in rape and sodomy laws.

The case in question involves two high school students who were drinking and smoking marijuana with several friends at a Tulsa park into the early morning hours of June 1, 2014.

The female student, who was 16 at the time, had drunk a large quantity of vodka; blood tests would later show her blood-alcohol level at 0.341, more than four times the legal limit to drive and indicative of severe alcohol poisoning, court records state.

(Oklahoma Watch is withholding the names of the defendant and the victim because of their ages and because it generally does not identify victims of sexual assault.)

Court transcripts showed several other minors who were present testified that the girl was stumbling and falling. The group agreed to allow the defendant in the case, who attended the same school, to take her in his car to someplace where she could stay.