Rape by instrumentation in Oklahoma City is a serious crime. All rape is tried as a felony in Oklahoma. Oklahoma statutes call for the execution of first-degree rapists; however, this law is not currently being used in the state.
Other penalties that are allowed for first-degree rape are still rather severe. You can face life in prison without the option of parole if convicted of rape in the first degree. Even if you do not get life in prison, you could be expected to register as a sex offender after you leave prison. Such registration can have major negative implications on your life.
What is Rape?
Rape is defined as penetrating the anus or vagina of another without their consent. In other words, it is non-consensual sex with another.
Rape by instrumentation is a particularly gruesome kind of rape. It is when an offender penetrates the anus or vagina of a victim without their consent using an inanimate object or any body part. It does not involve coitus as part of non-consensual sex. Okla. Stat. tit. 21 § 1111.1
Rape by instrumentation causes a lot of physical injury to the victim. It is a particularly violent crime that causes the victim a lot of pain.
Any sexual penetration, even very slight, that fits the definition of rape by instrumentation defined in Oklahoma Statutes is enough to complete this crime. A person can be charged with rape by instrumentation of their spouse.
When is Rape by Instrumentation First-Degree Rape?
A crime is considered first degree when it is at its worst. Rape by instrumentation is the first degree when it causes the victim bodily harm, irrespective of the age of the one committing the rape.
Rape by instrumentation committed on a person who is younger than 14 years is always treated as first-degree rape.
All other types of rape by instrumentation are treated as second-degree rape.
Penalties
First-degree rape by instrumentation is a capital crime that carries a maximum penalty of death. For this crime, an offender can be sentenced life in prison or life in prison without parole. The minimum sentence upon conviction of this crime is five years in prison. Okla. Stat. tit. 21 § 1115
First-degree rape by instrumentation is subject to the 85% rule. Upon conviction, an offender must serve at least 85% of the sentence. Many convicted of this crime end up spending at least 20 to 30 years in prison.
The maximum penalty for all second-degree rape, including rape by instrumentation, is 15 years in prison. Okla. Stat. tit. 21 § 1116
Penalties for Rape by Instrumentation Are Dire
The State of Oklahoma is one of the strictest jurisdictions in the nation. The state locks up more residents than any other in the entire nation.
The prosecutor in Oklahoma City is quite unflinching. He is going to be even more determined if the charges you face are rape by instrumentation, considering the severe nature of this crime.
You cannot face such a district attorney alone. Doing so could mean agreeing to a lengthy prison term and other dire consequences.
Get an experienced Oklahoma City criminal defense attorney to take your side and stand up to a pushy prosecutor. Our attorney has the skill, confidence, and acuity to defend you in court and build a solid defense case for you.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
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