The Phillips & Associates Oklahoma Law Blog


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By Dustin Phillips on
April 11, 2014
January 26, 2022

In Oklahoma, the age of consent is 16. This means that if a teen has reached the age of 16, he or she can legally consent to sex with anyone else aged 16 or older.

Well . . . almost anyone else. State law prohibits sexual contact between certain individuals even if one of the parties involved has reached the age of consent.  (read more about Oklahoma dating laws)

Second Degree Rape Laws in Oklahoma

In general, these statutes are intended to prevent an abuse of power or authority, and they criminalize sexual intercourse or other sexual contact between employees or agents of certain institutions and anyone in the custody or under the oversight of those institutions.

Oklahoma's rape law, sexual battery law, and forcible sodomy law all prohibit sexual contact between certain individuals. These include:

  • A person under the legal custody or supervision of a state or federal agency, a county, a municipality or a political subdivision and an employee or contractor of that agency
  • A student aged 16 to 19 and any person aged 18 or older who is an employee of the same school system.

Because the "victims" in these cases often provide verbal consent, the crime is charged as second degree rape. Despite a victim's apparent willingness to engage in sexual contact, state law determines that the minor, the student, or the person in the custody of a government agency does not have the legal ability to provide such consent.

Often, when we think of second degree rape, or statutory rape, we think of a person engaging in sex with a minor under the age of 16. When we think of statutory rape in cases where the willing victim has reached the age of consent but is otherwise prohibited from consenting, we often think of student-teacher relationships, but this is not the only scenario.

With the designated prohibitions listed above, the "victim" can be a fully grown adult, as in cases of sex between an inmate and a Department of Corrections employee.

A recent Oklahoma case straddles that line between the two. A former program manager with Sequoyah Enterprises, a juvenile affairs facility in Enid, Oklahoma, was fired in November and criminally charged earlier this week for her alleged relationship with a 17-year-old who had lived at the facility.

Police say the teen was discharged on November 1, 2013, but was still under the supervision of the Office of Juvenile Affairs. At his release from the facility, program manager Susan Fraser, 32, allegedly gave him her cell phone numbers. According to a probable cause affidavit, the woman and the teen met for sex on at least two occasions.


Second degree rape is a Level 3 sex offense, in the same category as first degree rape. Because of this risk level classification, a statutory rape conviction mandates lifetime sex offender registration. The prison term associated with a second degree rape conviction is one to 15 years in prison.

Defense Strategies

Legal defense for statutory rape can take many forms.  If you've been unjustly charged you should contact a qualified Oklahoma rape defense attorney immediately.  You can find more information at the Phillips & Associates homepage.


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