An Oklahoma court has declared that oral sex should not be classed as rape if the victim is unconscious from drinking alcohol.

The controversial ruling – which was voted in unanimously by the state’s criminal appeals court – has left local prosecutors “completely gobsmacked” and led to accusations that the Oklahoma justice system is operating according to rape myths.

Campaigners and legal experts have criticised the "insane" decision as victim blaming and pointed out that it furthers the gaps between the law and accepted ideas around consent.

The court’s ruling came as the result of a case involving two high school students: a 17-year-old boy who, it was alleged, sexually assaulted a girl, 16.

The boy offered her a ride home, after the two had been drinking vodka in a local park with friends. According to witnesses, the girl was heavily intoxicated and had to be helped to the car. Another boy stated that she was dropping in and out of consciousness.