For sexual activity to be legal, it must be consensual. However, you may have questions about what qualifies as consent and how to prove consent if you’ve been falsely occurred. 
Consent needs to be informed
Consent involves an understanding of what the sexual activity entails. Keep in mind that consent to one form of sexual activity does not automatically imply consent to another form.
Consent can be withdrawn
Consent can be withdrawn at any time, and if it is withdrawn, any continuing sexual activity becomes non-consensual.
A person must be of age to consent
In Oklahoma, the age of consent is 16. Individuals below this age are considered incapable of consenting to sexual activities.
A person needs to be physically able to consent
Someone who is unconscious, sleeping, or physically incapacitated can’t consent to sexual activity.
A person must have the mental and emotional capacity to consent
Consent is only valid if the person has the mental and emotional capacity to make the decision, which can be influenced by factors like mental disability or the influence of drugs or alcohol.
Consent can’t be influenced by an authority relationship
In some cases, the existence of an authority relationship prevents a person from legally consenting to sexual activity. For example, prisoners can’t legally consent to sex with prison employees and students can’t legally consent to sex with teachers in any circumstance.
Note that under 21 OK Stat § 113, consent can’t be inferred by the absence of the alleged victim saying “no” or “stop” nor can consent be inferred on the basis of a prior or current relationship.
Proving Consent
At Berlin Defense, we often see cases involving date rape where our client believes the charges against them are unfounded because the alleged victim consented to sexual activity. If you believe you’ve been falsely accused of an Oklahoma sex crime, it’s vital that you contact our office as soon as possible to discuss some of the different ways you may be able to establish consent. These can include:
Your testimony
The most direct way to establish consent is through the testimony of the parties involved. Your testimony as to why you believe this was a consensual encounter may be a crucial part of your overall defense strategy.
Witness testimony
If there were witnesses present who can provide insight into the interactions between you and the alleged victim before, during, or after the alleged incident, their testimonies can be crucial.
Records of prior communication
Text messages, emails, social media interactions, or any other forms of communication between you and the alleged victim can be examined for indications of consent or the lack thereof.
Behavior patterns
Behavior before and after the incident can support your claim that the encounter was consensual. Inconsistencies in the alleged victim’s story may also be evidence in your favor.
Circumstantial evidence
In some cases, you may be able to provide evidence that indirectly indicates consent—such as the setting of the encounter, your relationship with the alleged victim, and any relevant past interactions.
Physical evidence can indicate sexual contact, but it generally does not prove consent. The absence of physical trauma does not necessarily imply consent because consent involves agreement—not just a lack of resistance.
Sex Crimes Cases Are Complicated, But We’re Here to Help
Because consent involves more than just a simple “yes” or “no” answer, sex crime cases are significantly more complex than a typical criminal case. You can’t afford to take any chances by representing yourself or hiring a general criminal defense attorney instead of a lawyer who focuses on sex crimes. Speak with experienced Tulsa sex crimes defense lawyer Lee Berlin today. Lee understands what’s at stake when you’re being charged with a sex crime and will fight to ensure the best possible outcome for your case. To see how he’s helped people just like you, check out our testimonials and case results.
