Oklahoma City police arrested a man on rape and forcible sodomy complaints after his girlfriend alleged that he was having sex with a 13-year-old girl.
According to reports, the woman found underwear belonging to the man and the girl on the floor of the couple's bathroom. The woman confronted the girl, who allegedly admitted to having sex with 33-year-old Dock Boyd on several occasions. The girl reportedly told police that Boyd "constantly" exposed himself to her, and that the two had sex approximately "six or seven" times in the last year, with the most recent occurrence taking place about two weeks ago.
Although the girl reportedly told police that she never felt forced to have sex with the man, police arrested him on complaints of first degree rape and related charges, including forcible sodomy and rape by instrumentation. Boyd remains in the Oklahoma County Jail, held on $50,000 bond for each of two counts of forcible sodomy, four counts of first degree rape, and two counts of first degree rape by instrumentation.
Although the girl says she was not forced to have sex with the man, Oklahoma law considers sex between an adult aged 18 or older and a child under the age of 14 to be a circumstance of first degree rape, regardless of the presence or lack of real or threatened force. State law in 21 O.S. § 1114 lists seven specific criteria for an act of nonconsensual sexual intercourse to be considered first degree rape:
- rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
- 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
- rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or
- rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or
- rape 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 person committing the crime; or
- 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
- rape by instrumentation committed upon a person under fourteen (14) years of age.
First degree rape in Oklahoma is punishable by 5 years to life in prison. Upon release, lifetime sex offender registration is required of anyone convicted of rape in Oklahoma.
Image credit: Keith Allison