Oklahoma Rape and Rape by Instrumentation
Rape in Oklahoma is a heavily prosecuted sex crime involving sexual intercourse against the will of the victim or with an individual who is legally unable to consent. Conviction of an Oklahoma rape charge can have devastating and lifelong consequences, which may include:
- Life in prison without parole
- Mandatory lifetime sex offender registration
- GPS ankle monitoring
- Lengthy probation or parole for those not imprisoned for life
- Criminal record
In addition to the legal penalties associated with an Oklahoma rape conviction, an accusation of rape can destroy families, personal relationships, and professional opportunities. If you have been charged with Oklahoma rape, or if you are being investigated as a rape suspect, you have legal rights that can only be adequately protected with the help of a skilled Oklahoma rape defense attorney.
Rape Law and Charges in Oklahoma
Oklahoma rape law differentiates between first degree rape, second degree rape, and statutory rape. Statutory rape occurs when the victim is legally unable to consent due to mental illness or defect, being in custody or under the authority of a state agency, or being under the age of 16, which is the age of legal consent in Oklahoma.
Rape is considered to be in the first degree if one or more of the following conditions are met:
- The act is committed by a person over the age of 18 against a person under the age of 14.
- The victim is legally unable to give consent through mental illness or unsoundness of mind.
- Sexual intercourse is accomplished through the intoxication or drugging of the victim as a means of forcing the rape.
- The victim is unconscious of the act and the perpetrator is aware of the fact.
- The rape is accomplished through force, violence, or the threat of force of violence.
First degree rape by instrumentation occurs when the act results in bodily harm or the victim is under the age of 14.
Oklahoma Rape Defense
Rape cases can be quite complex, with a number of factors affecting the severity of the charge and the penalties if convicted. Phillips & Bailey, a criminal defense law firm in Oklahoma City, has a team of experienced litigators continually proven successful in defending rape cases throughout Oklahoma. Our Oklahoma rape defense attorneys have the resources and expertise to build a solid case for your defense. False accusations, perjured witness testimony, polygraph analysis, mistaken identity, lack of physical evidence, and factual evidence supporting your innocence are all tools an Oklahoma rape defense lawyer may utilize in fighting for a dismissal or acquittal.
