Oklahoma City police responded to a call from a local hospital where a woman sought treatment after being raped. The 26-year-old woman told police that she had been staying with a friend after a fight with her father. She said that, while her friend was at work, a man knocked on the door of the house and left after speaking with her. She says he returned a short time later and asked if she wanted to get high. The woman agreed, telling police that after they injected drugs, the man forced himself upon her, and she was unable to defend herself against the sexual assault.
After the woman's friend returned home, she asked him to take her to the hospital, where police were notified. The suspect was identified as the friend's uncle, James Michael Slape, 60. The woman's friend told police that his uncle had also attempted to rape his former girlfriend.
Police found Slape a short time later, nearly asleep at behind the wheel of his vehicle, and arrested him on rape and forcible sodomy complaints, transporting him to the Oklahoma County jail.
Under Oklahoma law, rape is sexual intercourse in which the victim does not consent to sex or is legally incapable of providing consent. Some cases in which a person may be legally unable to consent include:
According to §21-1114 of the state statutes:
A. Rape in the first degree shall include:
1. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
2. rape 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. rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power ofexecution regardless of the age of the person committing the crime; or
4. rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
5. rape by instrumentation committed upon a person under fourteen (14) years of age.
B. In all other cases, rape or rape by instrumentation is rape in the second degree.
Penalties for first degree rape in Oklahoma include a minimum of five years in prison with a maximum of life without parole. In the event that a person convicted of first degree rape is granted parole, he or she may face mandatory lifetime registration as an Oklahoma sex offender.
A rape charge is a serious criminal accusation which necessitates the help of a skillful attorney for the best outcome. Please visit http://www.oklahoma-criminal-defense.com to find an experienced Oklahoma rape lawyer to help in your defense.
- The victim is under 16 years of age.
- The victim suffers a mental illness or defect.
- The victim is intoxicated by drugs or alcohol.
- The victim is unconscious.