Rape charges in Oklahoma can have a severe impact on almost every aspect of your life in Tahlequah, even after you’ve served your time for the crime.
Furthermore, “rape” has a very broad definition, and someone may be charged even if the alleged victim has given their consent.
For these reasons, you should definitely contact a Tahlequah attorney right away if you are facing rape charges in Oklahoma.
Understanding Rape Charges In Oklahoma
Rape charges in Oklahoma can occur under a number of circumstances.
In fact, it is illegal to engage in sexual intercourse under any of the following circumstances:
- The victim is under 16 years of age;
- mentally incompetent to give legal consent through mental illness or any other unsoundness of mind;
- submits to sexual intercourse under the false belief that the person committing the act is a spouse;
- in prison and engages in intercourse with a state, federal, or local government employee;
- a junior high, middle, or high school student between the ages of 16 and 19 and engages in sexual intercourse with an employee of the same school system who is at least 18 years old;
- force or violence is used or threatened; or
- the accused has purposely given the victim a narcotic or anesthetic agent to force the victim to submit.
Note that consent is not a defense against rape charges in Oklahoma when intercourse occurs in any of these scenarios.
Okla. Stat. tit. 21 § 1111
Penalties For Rape Charges In Oklahoma
In Tahlequah, rape is either charged in the first or second degree.
First-degree rape is the most severe and involves victims age 14 or younger; victims who are mentally incapable to consent due to intoxication, unconsciousness, or mental disabilities; or the use of instrumentation. Rape in the first degree under Oklahoma law carries a punishment of at least five years in prison.
Second-degree rape carries less severe penalties and occurs under any other circumstance other than those listed above. Rape in the second degree is therefore punishable by at least one year in prison.
Free Consultation: Tahlequah Sexual Assault Defense Lawyer
Being convicted of rape charges in Oklahoma can lead to years behind bars, the inability to live and work in certain places, and seriously damage your reputation.
If you or someone you know accused of rape in Tahlequah, please contact a Tahlequah criminal defense lawyer to discuss your available legal options.
For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.