There is a great deal of confusion surrounding the term forcible sodomy in the State of Oklahoma. For those who are unfamiliar with Oklahoma's sex crime law they might think sodomy is referring to anal sex. However, anal penetration is actually prosecuted as rape in Oklahoma.
Orals sex, either by force or with an individual who is too young or otherwise statutorily unable to provide legal consent, qualifies as forcible sodomy.
Oklahoma Forcible Sodomy Defense Attorney
Due to the severe nature of the punishments for this crime it is crucial that those facing charges speak with an attorney with experience in sex crime cases. At Phillips & Associate we have had great success in helping to ensure our clients rights are protected throughout the legal process. In crimes of this nature it is easy to assume the accused is guilty. But in many instances, this is not the case.
Oklahoma Forcible Sodomy Laws
State law is somewhat vague in its definition of sodomy, while state courts generally rule that oral copulation fits the definition.
Chapter 34 of the Oklahoma criminal code includes bigamy, incest, and sodomy statutes. The crime of sodomy (21 O.S. 886) reads as follows is illegal even between consenting adults. Here is an excerpt from the statute:
“the detestable and abominable crime against nature" and “every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years.”
While having oral sex is still considered illegal in Oklahoma, it is unlikely to be prosecuted unless the state was trying to ensure a defendant would receive the maximum penalty possible for their crimes. And even under these circumstances the charges would most likely be dropped. What consenting adults do in their private lives is generally considered to be none of the court's business.
Forcible sodomy is different in that it does NOT take place between consenting adults. What is confusing is the definition of "forcible." If oral sex occurs between two consenting people but one of them is underage (or statutorily unable to provide consent) this is considered forcible. It is also defined as forcible if the act is performed due to the threat of violence. In that regard it is similar to statutory rape.
Here are the relevant statutes in Oklahoma:
B. The crime of forcible sodomy shall include:
1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age (also see Age of Consent Laws in Oklahoma); or
2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or
4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state; or
5. Sodomy committed upon a person who is at least sixteen (16) years of age but less than twenty (20) years of age and is a student of any public or private secondary school, junior high or high school, or public vocational school, with a person who is eighteen (18) years of age or older and is employed by the same school system. (21 O.S. 888)
It boils down to this. Forcible sodomy occurs when:
- when committed under threat of violence
- against a minor (16 years or younger)
- against someone in legal custody (think jail or prison inmate)
- between a student under 20 and an employee of their school district who is 18 years or older
Oklahoma Forcible Sodomy Penalties
As a sex crime in the State of Oklahoma, conviction on forcible sodomy charges carries lifelong consequences.
Individuals convicted of forcible sodomy will face up to 20 years in prison. After their release the individual will be required to register as a sex offender based on the Oklahoma Sex Offender Registration Act. This requirement is in effect for the rest of the individuals life.
Forcible sodomy is a Level III sex crime in Oklahoma. For better or worse it falls into the same category as first degree rape, statutory rape, and child sexual abuse.
Lifetime Sex Offender Registration
There is a long list of restrictions place on sex offenders in our state. It includes:
- Restrictions on where you can live
- “Zone of Safety” requirements surrounding schools, daycares, parks, and playgrounds
- Mandatory GPS tracking ankle monitors
- “Sex Offender” driver’s license
- address verification to local law enforcement every 90 days
- public notification of one’s sex offender status through Oklahoma Sex Offender Registry
If you or someone you love has been charged with forcible sodomy it is imperative to speak with an experienced Oklahoma criminal justice attorney. Do not delay in getting the expert defense representation you need. Call Phillips & Associates for a free case evaluation.
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