Legal Representation for Pittsgburg County, OklahomaWhat is the Definition of Rape in Oklahoma?

rape in OklahomaRape in Oklahoma is a serious crime that irrevocably changes the offender’s and victim’s lives. Law enforcement and courts treat it seriously and punish it severely.

If convicted of any rape charge in McAlester, Oklahoma, you could face significant jail time, and once you are released, you will be required register as a sex offender.

Defining Rape in Oklahoma

Oklahoma classifies rape into three different categories: Rape in the First Degree, Rape in the Second Degree, and Rape by Instrumentation.

Rape is legally defined as an act of sexual intercourse involving either vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex under any of the following circumstances:

  • the victim is under 16 years of age,
  • the victim is unable to give consent,
  • force or violence is used or threatened and it is apparent that the perpetrator has the power to execute the threat,
  • the victim is given an intoxicant to force the victim to submit,
  • the victim is unconscious and the perpetrator knows this,
  • the victim is tricked into believing that the perpetrator is their spouse,
  • an employee of a governmental organization that has control over the victim engages in sexual intercourse with the victim,
  • the victim is between 16 and 20 years of age and is either a student or is under the legal supervision of a school at which the perpetrator, 18 or older, is employed. (Okla. Stat. tit. 21 § 1111)

Any of the above acts are considered rape in Oklahoma.

When most people think about the crime of rape, they think about what Oklahoma classifies as Rape in the First Degree. First-degree rape includes any of the following:

  • rape of a child under 14 years of age by a person aged 18 or older,
  • rape of a person incapable of granting consent,
  • the victim is given an intoxicant to force the victim to submit,
  • the victim is unconscious and the perpetrator is aware of that,
  • rape accomplished through force, violence, or the threat of force or violence accompanied by the apparent power to make good on the threat,
  • rape by instrumentation resulting in great bodily harm to the victim,
  • rape by instrumentation of a person aged 13 or younger. (Okla. Stat. tit. 21 § 1114)

All other rape is considered to be Rape in the Second Degree.

Penalties Are Severe

Currently, first-degree rape in Oklahoma is punishable by a prison sentence from five years to life without parole. (Okla. Stat. tit. 21 § 1115) The statute still carries a death penalty, but the U.S. Supreme Court has ruled that the death penalty is unconstitutional except in cases of capital murder.

Furthermore, because this is a violent crime, rape in Oklahoma falls under the 85% rule. That means that you will have to serve 85% of your sentence before becoming eligible for parole.

Rape in the second degree is punishable by a jail term of one to 15 years. All rape in Oklahoma is a felony offense. (Okla. Stat. tit. 21 § 1116)

Finally, once you are released from jail, you will be required to register as a sex offender in the state. This means that you must abide by certain restrictions that will severely impact your life. You may have difficulty finding housing and employment for the rest of your life.

Free Consultation: McAlester Criminal Defense Attorney

If you or someone you know has been accused of rape in Oklahoma, please contact a McAlester criminal defense attorney to discuss your available legal options.

Consult with an experienced attorney at the Wirth Law Office – McAlester today, by calling 918-302-9656.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

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