Oklahoma defines rape as an act of sexual intercourse involving either vaginal or anal penetration of a male or female who is not the spouse of the perpetrator. Oklahoma classifies rape into three different categories: rape in the first degree, rape in the second degree, and rape by instrumentation. Rape n Stillwater, Oklahoma is non-consensual sex, and can be forced upon a person of the same gender or a person of different gender than the perpetrator. Okla. Stat. tit. 21 § 1111
Rape can occur in a variety of circumstances and situations. And those differences will determine how the crime is charged.
Rape in the First Degree
First-degree rape, is what we normally think about when we think about rape. It is a violent crime and includes, but is not limited to: the rape of a child younger than 14 years of age by a person aged 18 or older; rape of an unconscious or intoxicated victim; and rape accomplished through the use of force, violence, or the threat of force or violence.
Rape in the Second Degree
Rape in the second degree is what we usually think of as statutory rape. Statutory rape is not a crime of violence, but is based on the victim being unable to give legal consent to the sexual contact, usually because the victim is underage. In Oklahoma, the age of legal consent is 16.
Rape by Instrumentation
In Oklahoma, rape by instrumentation is defined as an act in which any inanimate object or any part of the human body is used without the victim’s consent in the penetration of the anus or the vagina. This can be the insertion of a body part such as fingers or an inanimate or sexual object. Even the slightest amount of penetration is enough. Okla. Stat. tit. 21 § 1113
Rape by instrumentation is not the same thing as intercourse and depending on the object used, can cause significant injury.
Rape by instrumentation can be charged as rape in the first degree if the victim is under the age of 14 or if the rape by instrumentation results in great bodily harm. Otherwise, it is charged as rape in the second degree. Okla. Stat. tit. 21 § 1114.
All rape is considered a felony crime in Oklahoma.
Penalties for Rape by Instrumentation
Rape in the first degree carries a death penalty, but that penalty is currently not being enforced in Oklahoma. If convicted, you could serve a prison sentence from five years to life without parole. Okla. tit. Stat. 21 § 1115
A second conviction means that a defendant is not eligible for probation. A third or subsequent conviction, forced sodomy, or child sexual abuse will be punished by life in prison without parole.
Rape is also subject to the 85% rule. If convicted, you must serve 85% of your sentence before becoming eligible for parole.
Rape in the second degree is punishable by a prison term of 1 to 15 years. Okla. Stat. tit. 21 § 1116
In addition, a rape conviction means that once you are released, you will be considered a sex offender. As such, you must register your work and home addresses with the sex offender registry.
A rape conviction will alter your life path forever. If you or a loved are facing a charge for rape of any kind, it is imperative that you seek the help of an experienced criminal defense attorney in the Stillwater area as soon as possible.
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