When facing sex crime allegations in Oklahoma, few legal concepts are more misunderstood—or more consequential—than consent.
Whether you're under investigation or already facing charges, understanding Oklahoma's consent laws is essential for protecting your freedom, your reputation, and your future.
At Berlin Defense, we exclusively represent clients accused of sex crimes across Tulsa and the surrounding counties. We provide strategic, discreet legal guidance, especially for individuals like executives, physicians, or high-profile professionals, where public perception can be as damaging as the law itself.
What Does “Consent” Legally Mean in Oklahoma?
Under Oklahoma law (21 O.S. § 1111 and 21 O.S. § 113), consent is not just about mutual agreement. It must be:
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Freely and voluntarily given
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Without coercion, force, threats, or fear
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By a person legally capable of giving consent
In the context of rape or sexual assault charges, the law clearly defines that a person cannot give legal consent if they are:
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Underage (below the age of consent)
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Unconscious or physically helpless
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Mentally incapacitated (including due to drugs or alcohol)
If any of these factors are present, even if the interaction appears consensual on the surface, the law may still consider it non-consensual.
What Is the Age of Consent in Oklahoma?
The age of consent in Oklahoma is now 18 years old.
However, this age threshold does not apply universally. Several key exceptions and legal complexities may result in criminal charges even if the other party is over 18:
Exceptions That May Still Lead to Charges:
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Position of authority: If the accused is a teacher, coach, or employer, they may still face charges under statutory rape laws, even if the other person is 18 or older.
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Age gap: If the accused is significantly older than the alleged victim, prosecutors may pursue lewd acts or solicitation charges under other statutes.
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Inability to consent: If the individual was under the influence, asleep, or unable to understand the nature of the act, consent may not be valid.
These nuances are critical in cases where your intent was not criminal, but the law interprets the situation otherwise.
Common Charges Involving Consent in Tulsa and Oklahoma
Being unclear about consent, or having that consent later disputed, can lead to serious felony charges, including:
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Rape in the First Degree (21 O.S. § 1114)
Often filed when force, threats, or lack of capacity to consent is alleged. -
Lewd Molestation (21 O.S. § 1123)
Especially common in age-gap or inappropriate contact cases involving minors. -
Sexual Battery (21 O.S. § 1123(B))
Filed when any non-consensual sexual touching is alleged, including in cases with disputed or withdrawn consent. -
Solicitation of a Minor (21 O.S. § 1040.13a)
Even texting or online communication with someone below the age of consent can lead to charges, regardless of physical contact.
How Do Prosecutors Prove Lack of Consent?
In many cases, especially those involving adults, the issue isn’t whether an encounter occurred, but whether it was consensual.
Prosecutors often rely on:
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Victim statements
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Messages or texts exchanged
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Social media content
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Witness accounts or timelines
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Toxicology reports or surveillance video
Intent is not always required. In many sex crime cases in Oklahoma, a lack of knowledge about the victim’s age or condition is not a defense.
This is why a strong legal defense from the beginning is critical.
What If I Truly Believed There Was Consent?
Many of our clients at Berlin Defense are high-achieving professionals, business owners, or public figures who may have been misled, entrapped, or misunderstood in a situation involving alcohol, miscommunication, or an unexpected accusation.
If you genuinely believed the encounter was consensual and are now under investigation, do not attempt to explain or defend yourself to police or reporters.
Let your attorney handle this. Every word you say may be used against you, even before charges are formally filed.
How Berlin Defense Protects You
At Berlin Defense, we provide confidential, judgment-free legal representation for people accused of sex crimes in Oklahoma. Our lead attorney, Lee Berlin, is recognized across Tulsa County for:
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Exclusive focus on sex crimes defense
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Strategic protection of your name, your freedom, and your professional standing
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Understanding the complexities of high-net-worth and reputation-sensitive cases
We act fast to:
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Intervene early during investigations
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Communicate with law enforcement on your behalf
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Disprove allegations with evidence and adept analysis
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Minimize public exposure or damage to your reputation
Call to Action: Don’t Wait. Take Control of Your Case Now.
If you’re facing accusations involving consent or are under investigation for a sex crime in Oklahoma, call Berlin Defense immediately.
Your reputation, your freedom, and your future are too important to risk.
