Rape is Grounds for Capital Punishment!
Sex is an affair that should always be consensual and between people of age. Anyone who disagrees and acts against this fact is likely to commit the felony crime of rape. People of all ages, and genders can commit such heinous crimes. It is unethical and more importantly unlawful for someone to engage in a sexual interaction without proper consent. Oklahoma rape laws make this sentiment very clear.
The Degree of Rape and Associated Elements in Muskogee Oklahoma
Rape has many factors that determine what kind rape happened. Age, mental compacity, drugs, threats, violence, deception, consciousness, and authority all play key roles in a rape case. Sometimes there can be rape even though both parties gave consent. The crime of rape varies depending on which violation of the law took place.
1st Degree Rape
1st degree rape is a felony sex crime where someone over the age of 18 has sexual intercourse with someone incapable of giving consent.
Under Oklahoma rape laws, this can include:
- minors under the age of 16;
- temporarily or permanently mentally ill people;
- those intoxicated by alcohol or narcotics;
- people who were unconscious during the encounter;
- or anyone coerced via force or threat of violence.
Anyone convicted of 1st degree rape may face the death penalty, life imprisonment without parole, or a minimum sentence of 5 years in federal prison. A subsequent violation and conviction could result in no possibility of parole. Okla. Stat. tit. 21 § 1114
This is one of the gravest offenses you could possibly be charged with. If you find yourself in this situation, contact an Oklahoma criminal defense attorney immediately.
2nd Degree Rape
Rape in the second degree is still a felony crime. It is punishable by imprisonment of no less than one year and no more than 15 years. Rape cases that do not follow the elements of 1st degree rape should be considered 2nd degree rape in Oklahoma. Anyone convicted of sexual abuse with a current prison sentence longer than 2 years shall have to participate in post-imprisonment supervision.
Authority figures include parents, foster parents, housemates, legal guardians, employees of a school system, or an employee of the government. The age limit goes to 19 for people under the supervision or responsibility of another person. Okla. Stat. tit. 21 § 1116
Rape by Instrumentation
The crime of Rape by Instrumentation is when a victim of rape is sexually penetrated by an inanimate object anally or vaginally. Penetration by body parts other than the penis can be rape by instrumentation. If the perpetrator is the parent, legal guardian, or foster parent of the victim, this may also be grounds for first-degree rape by Instrumentation. Okla. Stat. tit. 21 § 1111.1
Statutory Rape
Statutory Rape is another name used to describe the laws prohibiting adults over 18 from having sex with some under 16. Lewd molestation of a minor under 16 is a similar crime, as children are not capable of giving their consent in Oklahoma.
Essentially, any act that is performed or acted out by a minor with the intent of sexual arousal or gratification is against the law. Ultimately, The mere act of proposing a sexual interaction with a child is illegal even if they give their consent.
Oklahoma defines a sexual interaction as any:
- proposal;
- invitation;
- touching;
- excretion;
- enticement;
- penetration;
- ejaculation;
- force;
- or any other performance that is done with the intent of sexual gratification. Okla. Stat. tit. 21 § 1114
If you are found guilty of one of these crimes you may face a punishment up to 20 years in prison if the minor is over 12 years old. For acts of lewd molestation with children under 12 years old minimum sentence is lifted to 25 years in prison. The least amount of time a person can receive from lewd molestation of a minor is 3 years. Okla. Stat. tit. 21 §
Oklahoma’s “Romeo and Juliet” Rape Law
Rape committed by a person at least 18 years old upon a person 14 years or younger is subject to age limits. Oklahoma rape laws consider the age of both individuals as well as each party’s ability to consent. For example, two highschool age teenagers who consent to sexual intercourse with one another cannot face rape charges. Okla. Stat. tit. 21 § 1112
Romeo and Juliet laws can provide a defense to the charge of rape in Oklahoma, but you still need an Oklahoma criminal defense lawyer to make that defense. If you find yourself in this situation, contact us immediately.
Low-cost Consultation with a Criminal Defense Attorney in Muskogee
Rape of any degree is a felony crime. Those found guilty of violating Oklahoma rape laws face the prospect of at least half a decade in prison. Criminal prosecutors have extra motivation to put someone accused of sex crimes away. To improve your chances of lowering or dismissing your sentence, call a Muskogee criminal defense attorney.
Call (918) 884-7774 to set up your low-cost consultation with a criminal defense attorney in Muskogee. Feel free to fill out the contact form located on this page. A Muskogee attorney will get back to you promptly.