According to CNN this morning, there is no such thing as forcible oral rape if the woman is drunk or unconscious.
A district court dismissed the forcible oral rape charge based on the wording of the state's forcible sodomy law. It is distinct from the laws for rape, which is defined in the state as a forced act of "sexual intercourse involving vaginal or anal penetration." The ruling was appealed to the Oklahoma Court of Criminal Appeals, which upheld the lower court's decision.
The court dismissed the charge because unconsciousness and intoxication are not mentioned in the state's forcible sodomy law. Essentially, the court would've been rewriting the law if it'd found the defendant guilty.
There is currently an effort underway to have the law rewritten. That this should even arise in 2016 is unbelievable.
Benjamin Fu, director of the special victims unit for the Tulsa County District Attorney's Office and the lead prosecutor on the case, called the decision absurd. Fu expressed concern that, while the verdict remains "unpublished" -- meaning that it cannot be used as precedent -- the case would be used to inform other, similar defenses.