Being accused of rape can shatter images, destroy families, completely diminish reputations, and take away freedoms. Any rape conviction will require an Oklahoma sex offender registry. If you have been charged with first or second degree rape, an M.K.Bailey sex crimes attorney can assist you in protecting your rights during the investigation and build a defense against the charge.
Rape refers to any form of sexual conduct that is forced against a victims will through means of violence, duress, coercion, abuse of authority, fear of injury, or any other danger. At its core, rape is non-consensual sexual intercourse involving vaginal or anal penetration that includes force by instrumentation on someone, conscious or unconscious, or on any victim unable to consent.
First and Second Degree
When a legal accusation of rape is made, it will be filed as either a first or second degree charge. First degree is a sex offense that carries a five year minimum sentence and can lead to life in prison. A number of commonly known actions are considered felony rape by Oklahoma statutes including:
- Sexual intercourse involving a person over 18 years of age upon a person under age 14 in which the alleged victim appears to give consent
- Sexual intercourse committed against someone incapable of consent due to mental illness or unsoundness of mind.
- Sexual intercourse by instrumentation
- Forcible sexual intercourse/Sodomy
- Spousal or Marital Rape
Second degree rape, the lesser offense, is outlined as sexual intercourse with someone who is under the age of 16, who is intoxicated as a means of forcing him or her to submit unconscious or incapable of valid consent, or aiding someone in forcible sexual intercourse.
The term itself can be misleading. The alleged perpetrator of the crime might not be dating the alleged victim; it could be a friend, acquaintance or stranger. This common term is used to refer to drug-facilitated sexual intercourse or assault, and/or acquaintance rape. Alleged victims usually argue that no coherent consent was given due to an influence of drugs or alcohol.
An attempt to rape is a crime distinct from rape and assault that is recognized as a misdemeanor offense under the laws of Oklahoma. The element of attempted rape is an overt act with intention to forcibly have sexual relations with an unwilling person or one unable to consent. If accused of attempt, do not proceed to defend your own case. It is highly recommended that you choose a competent and aggressive rape attorney experienced with attempt cases.
This strict liability offense in Oklahoma deals not only with the age of consent, but also with several factors that outline an individual’s ability to agree to sexual activity. Rape categorized as statutory varies case by case and is generally prosecuted as second degree when the alleged victim is aged 14 or older. Many are unaware that they are even committing this crime until they are charged with the offense, usually at the behest of an angry parent or spurned ex-lover.
Romeo and Juliet Law
When teenage couples engage in sexual intercourse as a part of an intimate relationship, it may begin occurring before either participant has reached the legal age of consent or after one has, but the other has not. When two minors have consensual sex with each other, they both are guilty of engaging in an unlawful act and do require a sex offender registry.
Every state has different laws regarding these cases. M.K. Bailey Law Offices is comprised of lawyers in Oklahoma that are skilled working with Romeo and Juliet situations. Rape cases are often very complex because of mitigating circumstances including false accusations. It is important to seek legal counsel if you are accused of rape to ensure your rights and interests are fully protected as it is a sex crime that is taken seriously in court.