A date rape conviction carries severe penalties in Oklahoma. Our experienced defense attorneys can help you protect your legal rights.
Most people think of rape as a violent sex act in which one person brutally forces a victim to submit to intercourse against his or her will. However, under Oklahoma law, rape is actually a relatively broad term that covers a range of acts involving sexual intercourse or anal or vaginal penetration, some of which are not violent and may even appear to be consensual. If you are facing charges for rape in Oklahoma, your first course of action should be to contact our experienced criminal defense attorneys at Oklahoma Legal Center. Rape is considered a very serious offense in Oklahoma, and being convicted of first- or second-degree rape will likely lead to devastating penalties that may affect the rest of your life. Here at Oklahoma Legal Center, our team of qualified defense lawyers have the skill and expertise necessary to help you build a strong defense in your rape case.
Different Types of Rape Charges
Generally speaking, rape is defined as the act of sexual intercourse (rape) or anal or vaginal penetration (rape by instrumentation) of another person who has not consented to the act, or a person who is legally unable to consent. Although rape laws in Oklahoma don’t differentiate between different types of rape, only between first- and second-degree rape, there are a number of sexual acts that may constitute a felony rape charge under Oklahoma law, including the following:
- Forcible rape
- Date rape
- Rape by instrumentation
- Forcible sodomy
- Statutory rape
- Spousal rape
First-Degree Rape vs. Second-Degree Rape
Rape charges in Oklahoma are measured in degrees, and an offender can be charged with either first- or second-degree rape. Second-degree rape is the lesser offense, typically occurring when sexual intercourse involves a person under the age of 16, a person who is intoxicated for the purpose of forcing him or her to submit to intercourse, a person who is unconscious, or a person who is under the supervision of a state or local agency and has intercourse with an employee or authority of that agency. Although second-degree rape is a less severe offense than first-degree rape, the crime is associated with significant penalties, including a prison sentence of one to fifteen years.
First-degree rape, on the other hand, is an extremely serious offense punishable by five years to life in prison. According to Oklahoma Statute § 1114, “Rape in the first degree shall include:
- Rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
- Rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
- Rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or
- Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or
- Rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
- Rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
- Rape by instrumentation committed upon a person under fourteen (14) years of age.”
Date Rape Explained
Although date rape is not technically a legal term, it is a term that is commonly used to describe non-consensual sex between two people attending a social engagement, whether it be a date, a party, or any other occasion the alleged offender and the victim willingly attended. Although using the term “date rape” may be a means of clarifying the circumstances under which the crime allegedly took place, there is no difference between rape and date rape in the eyes of those prosecuting your case. Depending on the circumstances of the offense, including whether or not the rape was accomplished with the threat or use of violence or force, date rape can be prosecuted as either first-degree rape or second-degree rape, carrying the same penalties as a rape charge.
Statutory Rape Described
In Oklahoma, statutory rape is a strict liability offense, which means that, regardless of the circumstances of the offense, if you had sexual intercourse with a person who is unable to give legal consent, you have committed a crime. Two important considerations in statutory rape charges are the age of the alleged victim and the ability of the victim to give legal consent to engage in sexual activity. Under Oklahoma laws dealing with statutory rape, the following individuals are legally unable to consent to sex: A person under the age of 16; a person whose mental illness or unsoundness of mind prevents him or her from giving legal consent; a person who is under the supervision or custody of a local or state agency, when the sexual activity involves an employee or authority of that agency (for example, students and teachers).
Our Criminal Defense Attorneys Can Help
Being convicted of rape, date rape, statutory rape or another sex crime in Oklahoma is accompanied by severe penalties that can tarnish your personal and professional reputation for the remainder of your life. If you are facing rape, date rape or statutory rape charges in Oklahoma, consult our qualified criminal defense attorneys at Oklahoma Legal Center as soon as possible. Our defense lawyers at Oklahoma Legal Center have the experience necessary to provide you with qualified legal representation. Contact our knowledgeable defense team at Oklahoma Legal Center today, and begin the process of protecting your legal rights and defending yourself against your rape charges.