Rape in Oklahoma is a Crime
This is obviously a very sensitive topic, so we will try to tread carefully. Rape is essentially vaginal or anal penetration without the consent of the victim and by someone who is not the spouse of the victim. I’m not going to get into that today.
When most people think of rape, it’s pretty simple: using force or threatened force against someone to achieve sexual intercourse. That’s rape – it is – but there are other situations that can get you charged with rape as well, including if you:
- Have sex with someone who is under the age of 14. Fourteen-year-olds don’t have the ability to consent in Oklahoma
- Have sex with someone who for some reason is not sound of mind (maybe they have a mental illness or they’re temporarily incapacitated mentally)
- Have sex with someone while the victim is under involuntary commitment to a facility. There’s a power dynamic that makes it to where the victim who’s been committed to the facility or sentenced to the facility can’t properly give consent.
- Have sex with someone that’s forcibly or secretly drugged
- Have sex with an unconscious person who you know is unconscious
- Have sex through what’s called instrumentation, which essentially you use a foreign object that’s not a part of your body to penetrate the other person anally or vaginally
Penalties for Rape in Oklahoma
Oklahoma does not play around with this. It is a serious felony, so much so that the minimum if you or someone you know is charged with rape one, the minimum five years in prison, maximum life. Five to life is the range there. You will likely, if you have been charged in the past or are also charged with another sexual felony such as lewd acts with a minor or something like that, then that’s going to augment your sentence to where it’s most likely going to be a life sentence. Anytime you have sex with a victim who’s under the age of 14, that’s going to be a life sentence. Even if you’re not sentenced to life in prison, after all is said and done, after you’ve served your time, you are almost certainly going to have to serve some supervised time under the Department of Corrections. You’ll be out, but you will have to be supervised in some manner.
Consultation with an OKC Criminal Defense Attorney
Rape is one of the most serious charges one can face. If you are charged with this, call the Wirth Law Office – Oklahoma City immediately at (405) 888-5400 or use the contact form at the top of the page. You want to make sure that you hire an experienced OKC criminal attorney who will work hard to protect you and your freedom. Small facts may make a big difference in your defense. Call us to have a criminal defense lawyer in OKC examine the details of your case.
