Having a rape charge on your record can have severe consequences in your life and may even prevent you from obtaining employment in certain places in Oklahoma.
Because the definition of “rape” is broad, many people may be unaware that they have committed this crime.
If you’ve been charged with rape in Oklahoma City, reach out to an experienced criminal defense attorney today.
Defining Rape in Oklahoma City
Many people believe that rape is limited to forcefully or brutally making someone else have sex with them.
Even in instances where someone believed that intercourse was consensual, they may be charged with rape in Oklahoma City if the intercourse occurred under any of the following circumstances:
1. The victim is under sixteen (16) years of age;
2. The victim is mentally incompetent to give legal consent through mental illness or any other unsoundness of mind;
3. Force or violence is used or threatened;
4. The accused has purposely given the victim a narcotic or anesthetic agent to force the victim to submit;
5. The victim is unconscious;
6. The victim submits to sexual intercourse under the false belief that the person committing the act is a spouse;
7. The victim is in prison and engages in intercourse with a state, federal, or local government employee; or
8. The victim is a junior high/middle school or high school student between the ages of 16 and 19 and engages in sexual intercourse with an employee of the same school system who is at least 18 years old.
Consent is never a defense to rape under any of these eight scenarios, although you may be able to argue mistaken identity.
(Ok. Stat. Tit. 21. Sec. 1111)
Consequences for Rape in Oklahoma City
Rape in Oklahoma City is charged as either a first-degree or second-degree crime.
First-degree rape carries the most severe penalties.
In order to be charged with first-degree rape, the victim must have been age 14 or younger; unable to consent due to intoxication, unconsciousness, or mental disability; or the defendant must have used an instrument to commit the rape.
Rape in the first degree can lead to at least five years in prison.
Rape is the second degree occurs under any other circumstances that are not required for first-degree rape and is punishable by at least one year in prison.
(Ok. Stat. Tit. 21. Sec. 1114-1117)
Initial Consultation: OKC Sexual Assault Defense Lawyer
A rape conviction can ruin your life and continue to follow you even after you serve your time.
If you or someone you know has been charged with rape in Oklahoma City, get in touch with an experienced criminal defense attorney today.
Simply, call the Criminal Defense Law Office of Oklahoma City at (405) 588-4529 (588-4LAW).
If you prefer, send your question directly to an Oklahoma City rape defense attorney by using the contact form at the top right side of this page.