By legal definition, rape is nonconsensual sexual intercourse. Because of this definition, many people assume that all acts of rape are forcible and violent. However, Oklahoma law classifies rape into degrees, in which forcible rape and statutory rape are separate offenses punishable by varying degrees of severity.
First degree rape typically refers to rape accomplished through force or violence. Second degree rape is often known as “statutory rape.” In general, second degree rape involves apparently consensual sex with a person who is legally unable to provide consent.
Regardless of whether it is classified in the first degree or second degree, a rape charge can have devastating consequences, and conviction brings lifetime sex offender registration. While all forms of rape are not considered equal for the purpose of filing criminal charges, they are considered Level 3 Sex Offenses, the most serious risk-level assessment for sex crimes. While a violent child rapist and a 19-year-old who has sex with his or her 15-year-old boyfriend or girlfriend are vastly different in their motivation and their offense, they are both considered high-risk offenders who must register on the Oklahoma Sex Offender Registry for life.
Prison, lifetime sex offender registration, and personal and professional difficulties are but a few of the possible consequences of a rape charge. If you have been accused or arrested, you already know how quickly the repercussions of a rape allegation begin to take hold of your life.
In order to minimize the impact, do not speak to anyone about your case. Immediately call a lawyer who can speak on your behalf, who can provide wise legal counsel, and who offers effective defense representation backed by a record of winning outcomes.
The Oklahoma Criminal Code defines rape as sexual intercourse that is nonconsensual due to one or more conditions under which a victim is unwilling or unable to provide legal consent. These conditions include force, threat of violence, intoxication, mental impairment, age, and deception. In most cases, rape occurs against a person who is not the spouse of the defendant; however, Oklahoma law prohibits spousal rape when accomplished through force or violence.
The specific rape offense with which a person is charged depends upon explicitly defined aspects of the act, but crimes of rape include first degree rape, second degree rape, and rape by instrumentation. Another related sex offense is Forcible Sodomy, which typically involves oral sex without actual consent or legal consent.
Rape in the First Degree is the most serious rape charge in Oklahoma. Defined in 21 O.S. § 1114, it includes the following acts:
“1. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
2. 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
3. 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
4. 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
5. 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
6. 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
7. rape by instrumentation committed upon a person under fourteen (14) years of age.”
First degree rape is punishable by 5 years to life in prison without parole. Learn more on our designated first degree rape page.
State law says that all acts of rape or rape by instrumentation that do not meet the conditions of first degree rape outlined in 21 O.S. § 1114(A) are to be charged as rape in the second degree. Typically, second degree rape, or statutory rape, involves consensual sex with a minor aged 14 or 15 or consensual sex with a person aged 16 or older who is unable to provide legal consent due as a student, ward of the state, or Department of Corrections inmate. Find out more about statutory rape here.
Rape by instrumentation is any act of vaginal or anal penetration by an object or body part that does not constitute sexual intercourse. When resulting in great bodily injury or when committed against a child under the age of 14, rape by instrumentation is prosecuted as first degree rape. In all other circumstances, rape by instrumentation is charged as second degree rape.
Date rape and spousal rape are acts of rape committed against one’s dating partner or spouse. Previous consent to sex does not remove a person’s right to refuse sex upon subsequent encounters, and prior consent is not a defense to rape.
Date rape is typically rape accomplished through use of “date rape drugs” such as GHB, benzodiazepines (tranquilizers), and even alcohol. When these drugs are administered with the intent of rendering a person unable to refuse sex, any resulting sexual intercourse is rape. Date rape may also include forcible rape when a victim does not consent to sex, but is forced to submit.
Marital rape, or spousal rape, is defined by state law as “an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person” (21 O.S. § 1111). Additionally, a spouse may be charged with rape if he or she colludes with another to trick a victim into thinking he or she is having sex with his or her own husband or wife.
A rape allegation can turn your world upside down. Do not attempt to handle things or smooth things over on your own. Do not talk to anyone about your case, not even to try to demonstrate your innocence. Call an attorney with a demonstrated record of successful sex crime defense attorney to handle your case for you.
Schedule a free, confidential case review by calling (405) 608-4990 today.