A forcible sodomy defense attorney in Oklahoma offers legal representation to individuals accused of committing non-consensual oral or anal sexual acts under Title 21 Section 888 of the Oklahoma Statutes. A criminal defense attorney’s role includes examining evidence, analyzing witness statements, challenging the forensic findings of law enforcement, negotiating with prosecutors on plea agreements or a reduction in charges, and defending the accused at a criminal trial. Sodomy charges in Oklahoma include forcible sodomy, which involves acts committed through violence or threat, and statutory sodomy, which occurs when when legal consent to the act is invalid because of the age or mental incapacity of the alleged victim, or when the defendant has a role of custodial authority. The offense typically involves the use of the mouth or anus for sexual contact and is differentiated from rape, which involves penile penetration. A conviction for forcible sodomy carries severe felony penalties, including up to twenty years in prison, lifetime sex offender registration, and long-term supervision under the Oklahoma Sex Offenders Registration Act.

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 forcible sodomy cases. At Phillips & Associate we have had great success in helping to ensure our clients rights are protected throughout the legal process.

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

What is Forcible Sodomy Under Oklahoma Law?

Forcible sodomy is defined in Oklahoma statute Title 21 Section 888 as the oral or anal sexual contact between persons accomplished by force, violence, or threats of injury, or with a person who is unable to consent because of age, mental incapacity, or authority of the offender.

The Oklahoma statutes that apply to forcible sodomy are listed below.

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)

In simple terms, the circumstances in which forcible sodomy occurs are listed below.

• 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

Forcible sodomy can be both oral and anal, depending on whether the act involves the mouth or the anus of the victim.

What is Forcible Oral Sodomy Under Oklahoma Law?

Oral sodomy is defined in Oklahoma Statute Title 21 Section 888 as the penetration of the mouth of one person by the sexual organ of another, accomplished by force, threats, or when the victim is unable to consent because of age, mental incapacity, or authority of the offender.

Having oral sex is still considered illegal in Oklahoma however, 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.

What is Forcible Anal Sodomy Under Oklahoma Law?

Forcible anal sodomy is defined under Oklahoma Statute Title 21 Section 888 as the act of anal copulation between two persons in which the assailant uses force or threats, or when the victim is unable to give legally valid consent because of their age, mental incapacity, or coercive authority.

Anal sex between consenting adults is rarely prosecuted, but Oklahoma law is written broadly enough to include them. When the act of anal sex is performed through physical force, intimidation, or with a victim who is under the age of sixteen (16), it becomes a felony sex offense.

What is the Penalty for Forcible Sodomy in Oklahoma?

The penalty for a conviction on charges of forcible sodomy in Oklahoma ranges from a minimum of five (5) years and a maximum of life in the Oklahoma Department of Corrections. The specific sentence handed down by a judge or jury depends on the degree of force used, the age or incapacity of the victim, and the defendant's criminal history. 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. It falls into the same category as first degree rape, statutory rape, and child sexual abuse.