Getting arrested and charged with rape can turn your entire life upside down. The consequences of getting convicted in Oklahoma are most harsh: with this felony crime you might be imprisoned for the rest of your life, your career will likely be ruined, you will become a registered sex offender, and your family might abandon you. For this reason, you should take a rape charge very seriously and hire an experienced criminal defense attorney who can protect your rights and try to get you out of this jam. Here’s a basic overview of first and second degree rape in Oklahoma and what you can do if you have been arrested and charged with the sex offense.
Law On Rape In Oklahoma
Rape typically entails having sexual intercourse with someone who isn’t your spouse without their consent. You commit first degree rape if any of the following applies:
- You are 18+ years of age, and the victim is under 14 years of age (consent is not applicable)
- The victim cannot consent because they have a mental illness or incapacity (regardless of age)
- You drug the victim (or have someone drug the victim) so that they are intoxicated
- The victim is unconscious
- You use violence, force or threats of violence or force against the victim
- You use an instrumentation (e.g. sex toy) resulting in bodily harm to the victim
- You use an instrumentation on someone who is under 14 years old
If none of the above circumstances apply, then the rape constitutes a second degree felony offense. Here’s what could constitute second degree rape:
- You are 18+ years of age, and the victim is older than 14 years old but younger than 16 years old
- The victim is manipulated into believing that you are their spouse
- You are a government employee and the victim is in legal custody or under government supervision
- You are an employee of a school system and the victim is a student between the age of 16 and 19
Consequences of Rape Conviction in Oklahoma
If you are convicted of first degree rape, you face the death penalty or up to life in prison. Second degree rape offenses are punishable by a maximum 15-year prison sentence. Keep in mind that in Oklahoma, you might be required to serve as much as 85 percent of the jail sentence before being eligible for parole.
Sex Offender Registration For Rape Offense
Another thing to take into account is that if you are convicted of rape, then you will have to register as a sex offender for life which can be a major problem for your personal life and your ability to land a job, get a loan, or enter into a profession. Specifically, Oklahoma classifies sex offenders into three levels, with registration requirements that last for life.
Possible Defenses For Rape Charges
First of all, the prosecutor must prove to a jury that you committed the offense. You could have done something physically inappropriate to the alleged victim, but this does not automatically make it rape. The prosecutor might not have evidence that goes towards your knowledge or awareness of your actions. Without any proof in this respect, you should be found not guilty.
False Accusations of Rape
You might be falsely accused by someone who just wants to bring you down. Maybe the alleged victim blacked out and blames their intoxication on you when you had nothing to do with it. Maybe the alleged victim is your ex who is trying to get back at you for breaking up with them. With an effective defense, your attorney might be able to dismantle your accuser’s credibility.
Illegally Obtained Evidence
Under the Fourth Amendment to the United States Constitution and under Article II of the Oklahoma Constitution, you have the right to be free from illegal searches and seizures. So, if the police barge into your home without a warrant and without your consent, and they obtain evidence that suggests rape or another criminal offense on your part, then you could defend against charges that stem from this illegal search and seizure, and get the court to disallow illegally obtained evidence.
Consent as Defense
In order to defend against rape when consent is applicable, then it is not simply your statement of the alleged victim’s consent (or failure to object) that suffices. The court has to consider whether a reasonable person in your circumstances would be led to believe that the alleged victim consented. Remember that you cannot use the alleged victim’s consent as a defense if they are under 16 years old or a child – the age of consent.
Moreover, it might be unclear to a jury whether the alleged victim did not provide you with consent or whether they lacked capacity. You might have evidence of your accuser’s consent that can be used against them. If there is a legitimate issue as to whether your accuser consented, then you should be found not guilty by a jury.
Tulsa Rape and Sex Crime Lawyers
An experienced criminal defense attorney could potentially prevent rape charges or other sex crime charges from being brought against you. If you face rape charges, an attorney can help you understand your options and what defenses are applicable. Getting an attorney involved early is essential for purposes of protecting your rights and building a viable defensive strategy. If you are charged with a sex crime including rape, reach out to Tulsa Criminal Lawyers Law Firm by calling (918) 416-0358 or by contacting us online.