Oklahoma Statutes Title 21. Crimes and Punishments §21-1111.1. Rape by instrumentation.
A. Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person.
B. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of the same school system, or where the victim is under the legal custody or supervision of a state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section of law with a federal, state, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, consent shall not be an element of the crime.
C. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is nineteen (19) years of age or younger and in the legal custody of a state agency, federal agency or tribal court and engages in conduct prohibited by this section of law with a foster parent or foster parent applicant.
D. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.
Punishment for Rape by Instrumentation
Rape by instrumentation can be either first-degree rape or second-degree rape under Oklahoma law. It is first-degree rape when it results in bodily harm or when the victim is under 14 years of age. The penalty for first-degree rape is a minimum of five years in prison, but there is the potential for a life sentence depending on the details of the case.
In all other cases, it is considered second-degree rape. The penalty for second-degree rape ranges from one year in prison up to 15 years in prison.
If you’ve been charged with rape by instrumentation, you must act quickly to ensure the best possible outcome for your case.
1. Retain an Experienced Tulsa Sex Crimes Attorney
Securing the services of a skilled criminal defense attorney is essential, but it’s not enough to choose a Tulsa sex crimes lawyer with a general criminal law practice. Look for an attorney with a proven track record of success in defending sex crimes cases. At Berlin Law Firm, we focus on defending clients accused of sex crimes in Oklahoma, including cases involving elements of coercive control within intimate partner relationships. When you work with us, you'll have an advocate who will fight tirelessly on your behalf and allow you to share your side of the story.
2. Educate Yourself on the Legal Process
You can’t help yourself unless you understand the legal process surrounding sex crimes in Oklahoma. Request a complimentary copy of our guide, Fighting the Guilt Machine, explicitly designed to help our clients understand the complexities of sexual assault prosecutions in the state. This resource will provide valuable insights into what you can expect and equip you with the knowledge to make informed decisions throughout your case.
3. Keep the Details of Your Case Confidential
Keep the details of your case private and avoid discussing it with anyone other than your attorney. Confidentiality safeguards the integrity of your defense and minimizes potential complications. Refrain from sharing information about the case on social media platforms, avoid contacting the victim, and never speak to the police without your attorney present.