Oklahoma Rape Lawyers
For most Oklahomans, the term “rape” conjures images of a violent sex crime in which a perpetrator brutally forces the rape victim to submit to sexual intercourse. Because of this, an accusation of rape or an Oklahoma rape charge can have a devastating impact on the professional, social, and family relationships of the accused. However, legally speaking, rape is a broad term that can cover a number of acts of sexual intercourse or vaginal or anal penetration, some of which are nonviolent and even seemingly consensual.
If you have been charged with first degree rape or second degree rape in Oklahoma, do not discuss your case with anyone, and politely decline to speak with police investigators without the presence or advice of a skilled Oklahoma rape defense attorney. An experienced defense attorney has the expertise to protect your rights during the investigation as well as the resources and knowledge to construct a strong defense against your Oklahoma rape charge.
Rape and Rape by Instrumentation
At its broadest definition, rape is the act of sexual intercourse (rape) or vaginal or anal penetration (rape by instrumentation) of someone who does not consent or someone who is legally unable to consent. While Oklahoma law does not distinguish between types of rape other than first degree rape and second degree rape, there are a number of commonly known actions that are considered felony rape in Oklahoma:
- Forcible Rape
- Rape by Instrumentation
- Date Rape
- Spousal Rape or Marital Rape
- Statutory Rape
- Forcible Sodomy
If sexual intercourse or penetration occurs with someone who is unwilling or unable to consent, first degree or second degree rape charges may be filed.
Second degree rape is the lesser offense and is punishable by a prison sentence of 1-15 years. Rape is generally prosecuted as rape in the second degree in cases of statutory rape where the alleged victim is aged 14 or older. Second degree rape 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, who is unconscious, or who under the supervision of a local or state agency and has sexual intercourse with an employee or authority of that agency.
First degree rape is a sex offense that carries a five year minimum sentence and can lead to life in prison. According to the Oklahoma Statutes, rape in the first degree includes:
- Rape committed by a person over 18 years of age upon a person under age 14, including statutory rape cases in which the alleged victim appears to give consent
- Rape by instrumentation of any person under the age of 14
- Rape committed against someone incapable of consent due to mental illness or unsoundness of mind
- Rape committed through force, violence, or the threat of force or violence
- Rape by instrumentation that results in bodily harm
If you have been charged with either first degree rape or second degree rape in Oklahoma, or if you have been accused of date rape, statutory rape, or other sex crime, call the qualified Oklahoma rape defense lawyers at Phillips and Bailey of Oklahoma City. Our expert defense attorneys have a proven record of successfully obtaining dismissals and acquittals for many of their clients charged with sex offenses in Oklahoma. Do not delay in obtaining competent legal representation. Contact an Oklahoma rape defense attorney as soon as possible to schedule your no-risk consultation.