Rape Charges in Oklahoma
Being accused of rape is one of the most serious situations a person can face. In Oklahoma, a rape charge can carry years or even life in prison, sex offender registration requirements, and other consequences that may impact your employment, relationships, reputation, and future.
Oklahoma law addresses multiple circumstances and degrees of rape, including first-degree rape, second-degree rape, and rape by instrumentation. When facing an investigation or criminal charge, it is important to understand what has been alleged, how Oklahoma law may apply, and how an attorney can help.
What Is Rape Under Oklahoma Law?
According to 21 O.S. § 1111, Oklahoma generally defines rape as sexual intercourse involving vaginal or anal penetration under certain specific circumstances outlined by law. These circumstances include situations involving age, inability to legally consent, force or threats, certain forms of intoxication, unconsciousness, and certain relationships in which the law does not recognize consent.
A rape charge does not necessarily require an allegation of physical force being used. Depending on the circumstances, issues involving age, consent, intoxication, or the relationship between people involved may determine whether the conduct falls within Oklahoma’s rape laws.
Oklahoma divides rape into first-degree and second-degree offenses depending on the circumstances and alleged conduct.
What Is First-Degree Rape?
Under 21 O.S. § 1114, first-degree rape in Oklahoma includes allegations involving:
- A person over 18 committing rape against someone under 14
- A person who is incapable of legally consenting because of mental illness or unsoundness of mind
- A person intoxicated by narcotics or anesthetic administered by or with involvement of the accused as a means of forcing submission
- A person who is unconscious of the nature of the act when that fact is known to the accused
- The use of force, violence, or threats of force or violence accompanied by the apparent ability to carry them out
- Rape by instrumentation
First-degree rape is classified as an A2 felony under current Oklahoma law.
What Is Second-Degree Rape?
Under Oklahoma law, rape that does not fall within one of the circumstances classified as first-degree rape is considered second-degree rape, which is classified as a B2 felony.
Second-degree charges may arise in cases involving age-based restrictions or other circumstances covered by Oklahoma’s rape statute that do not meet the statutory requirements for first-degree rape.
Because the distinction between first and second-degree rape depends on the allegations and statutory elements involved, an attorney can review the circumstances and determine which may apply.
What Is Rape by Instrumentation?
Oklahoma law separately defines rape by instrumentation in 21 O.S. § 1111.1. It generally involves penetration of the anus or vagina using an inanimate object or part of the human body, not amounting to sexual intercourse, under circumstances outlined in the statute.
Rape by instrumentation is classified as an A2 felony and is included within first-degree rape.
The statute addresses circumstances involving certain school employees, government employees or contractors acting in authority over someone in custody or supervision, and foster parents or applicants. In certain circumstances, consent is not an element of the offense.
Facing Rape Charges in Oklahoma?
Reach out to speak with an experienced sex crimes attorney today.
Potential Consequences of a Rape Conviction
A rape conviction can carry some of the most serious penalties under Oklahoma’s criminal law. First-degree rape is classified as an A2 felony, and according to 21 O.S. § 1115, it carries a minimum five year prison sentence and may carry life or life without parole, depending on the circumstances. The statute also carries enhanced provisions for repeat offenses.
Second-degree rape is a B2 felony punishable by one to 15 years in prison under current Oklahoma law. A conviction can also result in sex offender registration, supervision, probation or parole restrictions, employment and professional consequences, housing restrictions, firearm restrictions, and other significant personal and relational consequences.
What Evidence Is Used in Rape Cases?
Rape investigations may involve physical, digital, testimonial, and forensic evidence. The evidence available can vary significantly depending on the circumstances of the allegations.
Investigators and prosecutors may review evidence such as:
- Witness statements and statements from the accused
- Text messages and electronic communications
- Social media activity
- Photographs and videos
- Medical records
- DNA evidence, forensic evidence, and sexual assault examinations
- Surveillance footage
- Police interviews and recordings
In some cases, sexual contact itself may not be disputed and the investigation focuses on issues like consent, age, or other circumstances surrounding the encounter.
How Can a Defense Attorney Help?
An experienced defense attorney can carefully review the allegations, evidence, and investigation and identify issues that may affect the prosecution’s case. An attorney can:
- Review the allegations and available evidence
- Examine whether the statutory elements can be proven
- Review witness statements and credibility issues
- Communicate with investigators and prosecutors
- Evaluate forensic, medical, and digital evidence
- Review police interviews and investigative procedures
- Seek reduced charges or dismissal when appropriate
- Prepare a defense for trial
Frequently Asked Questions
Charged with a Sex Crime in Oklahoma?
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