How Date Rape Is Charged Under Oklahoma Law
What the general public thinks of as date rape is actually considered first-degree rape. This charge is outlined in Oklahoma Code section 21-1114: First and Second-Degree Rape, which states:
- Rape or rape by instrumentation 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
- 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
- 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
- Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused
- 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
- Rape by instrumentation regardless of the age of the victim or the age of the person committing the crime
- In all other cases, rape is rape in the second degree.
What we see most often in our practice is a case where a young man, somewhere between the ages of 17 and 25, has been accused of date rape after attending a party where everyone was drinking heavily. Sometimes, other drugs were also present. The young man typically believed the sex was consensual and is surprised to find himself charged with such a serious offense.
Consequences of a Conviction
The punishment for first-degree rape varies widely based on the details of the case but can include anywhere from the minimum sentence of five years in prison to life behind bars. Since first-degree rape is considered an 85% crime, a conviction means that a person will be required to serve at least 85% of their sentence before becoming eligible for parole. Other types of 85% crimes include first-degree manslaughter, shooting with intent to kill, and assault and battery with a deadly weapon.
A conviction for first-degree rape also requires a person to be included on the Oklahoma Sex Offender Registry. This can lead to far-ranging consequences such as restricted residency, restricted employment, harassment within the community, and irreparable damage to one’s personal reputation.
4 Steps You Can Take to Save Your Son’s Future Following A Rape Accusation
You know in your heart that this charge doesn’t reflect who your son is, but there’s no doubt that your family has a long battle ahead. The actions you take today are the first steps towards winning that fight.
1. Stay Away From Social Media
Obviously, your son shouldn’t discuss the case online. However, even posts of him enjoying a night out with friends can be misinterpreted and used against him. It’s safest to keep your son off social media entirely. If you’re tempted to post about the situation on your accounts, you may also want to consider a digital detox until the matter has been resolved.
2. Do Not Attempt to Contact the Alleged Victim
Your son should not attempt to contact the alleged victim, her family, or her friends. You should also refrain from any communication on his behalf.
3. Request a Copy of Our Free Guide to Sex Crimes Charges in Oklahoma
Fighting The Guilt Machine outlines the felony case process, what you’re up against, mistakes to avoid, how to handle unwanted media attention, and much more. We provide this free resource to help our clients make informed decisions about protecting their legal rights.
4. Schedule a Consultation With an Experienced Sex Crimes Attorney
Berlin Defense has an impressive track record of successfully defending clients accused of serious sex crimes such as first-degree rape. As a former felony prosecutor, I understand the challenges these types of cases can pose and will fight to protect your son’s future.
Has Your Son Been Charged With a Sex Crime in the Tulsa, OK, Area?
If your son has been charged with a sex crime in the Tulsa, Oklahoma, area, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call 918-384-0850 for your initial strategy session. We are proud to serve Tulsa and all surrounding areas.
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