There may be no offense more cryptically defined in the Oklahoma statutes than forcible sodomy. Described statutorily as “the detestable and abominable crime against nature,” sodomy lends itself to various definitions including anal sex, oral sex, or bestiality.
In and of itself, sodomy is illegal under 21 O.S. §886, which says that anyone “who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast” is may be punished by a maximum of 10 years in prison.
While the state is unlikely to pursue charges for sex acts between consenting adults, the act of “forcible sodomy,” in which one person does not consent or is unable to provide legal consent, is a severely punished sex offense.
Most definitions of sodomy include both anal and oral copulation, and rulings in state court have included both acts. However, when dealing with charges of forcible sodomy, the act typically refers to oral sex. Often, this offense will be referred to as Forcible Oral Sodomy.
Nonconsensual anal sex is typically not included as forcible sodomy, because it fits the legal definition of rape, which includes nonconsensual vaginal or anal penetration. Learn more about Oklahoma rape laws here.
Forcible sodomy is defined in 21 O.S. § 888, and much like rape, it includes acts perpetrated through force or violence and acts with those legally unable to provide consent under Oklahoma statutory rape laws.
Forcible oral sodomy includes the following:
Remember, despite apparent consent or verbal consent, there are certain people who are legally unable to provide consent to sexual activity. This includes anyone under the age of 16 as well as certain individuals old enough to consent who are prohibited through student status or custodial status.
While rape is classified by degrees, with statutory rape punished less severely than first degree rape, forcible sodomy has no such distinction. Whether accomplished through violence or as a result of a seemingly consensual but illegal relationship, forcible sodomy is a felony punishable by a maximum of 20 years in prison.
Forcible sodomy is considered a violent crime, even when it is a statutory offense rather than a forcible offense. It is one of Oklahoma’s 85 percent crimes, which means a person sentenced for forcible sodomy must serve at least 85 percent of his or her term before becoming eligible for parole.
Furthermore, forcible sodomy is a Level 3 sex offense. The sex offender risk-level assessment categories are intended to distinguish between violent, habitual offenders and those who are unlikely to re-offend. However, the assessment is strictly offense-based and does not take into account any mitigating factors or characteristics of the defendant or his or her specific crime.
As a Level 3 sex offense, forcible sodomy is classified with rape, child sexual abuse, and other egregious sex crimes. Anyone convicted of a Level 3 sex crime must register as a sex offender for life.
Lifetime sex offender registration necessitates address verification every 90 days, and failure to register with local law enforcement is a separate felony offense punishable by a maximum of 5 years in prison.
Sex offenders face numerous restrictions and limitations:
The consequences of a sex crime conviction last a lifetime beyond any prison sentence. Finding experienced legal defense counsel is critical to preserving your rights and freedoms.
If you are questioned about your relationship with someone who may be legally unable to consent to sexual activity, or if you are suspected of committing forcible sodomy, contact an attorney immediately. Do not speak to police, your alleged victim, or anyone else about your case. Let your defense lawyer do the talking to help you avoid the mistakes that could land you behind bars, branded a sex offender for life.
At Law Firm of Oklahoma we have successfully represented numerous cases like yours, and we can build a strong defense tailored to the unique details of your case. Call now to schedule your free, confidential consultation.