The Phillips & Associates Oklahoma Law Blog


We have ore than 50 years of experience
By Dustin Phillips on
January 28, 2015
December 31, 2019

A 19-year-old Tulsa man was arrested last night after�police were called to a local hospital to investigate the alleged rape of a 13-year-old girl.When police arrived at Hillcrest Medical Center, they were told that the girl was in a "catatonic state" with multiple injuries consistent with rape.Police interviewed the girl's sister, who�reportedly told them that the 13-year-old girl met her attacker�on Facebook. On Sunday, he came to the girl's home.They say Abraham Bucio-Bucio�asked the girl for sex, but she refused his request several times. Bucio-Bucio then allegedly raped her.Police say after he left, he sent the girl an apology via Snapchat. When he was interviewed by police on Monday, they say he initially said that he believed the girl was 18, but�they discovered�that he had deleted text messages from her, he admitted that he knew she was only 13.Abraham Bucio-Bucio, known as "King Pekas Bucio" on his Facebook profile, was booked into the Tulsa County Jail on complaints of first degree rape and lewd molestation of a minor under 16. He is held on $100,000 bond.It is important to note that even if the suspect did truly believe the girl involve was 18 years old (or even 16 years old, which is the age of consent in Oklahoma), the crime of which he is accused is still first degree rape.Included among the seven specific acts of first degree rape delineated in 21 O.S. 1114�are the following:

  • rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age, and
  • 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

In other words, because the alleged victim is only 13-years-old, an act of sexual intercourse with anyone over the age of 18 is first degree rape, regardless of whether the minor provided verbal consent to the act. Even in the case of statutory rape, in which a minor aged 14 or 15 gives apparent consent to sex with an adult, ignorance of the age of the minor is not a defense.However, in this case, the girl is not alleged to have consented; rather, it is alleged to be a forcible rape. Forcible rape is always first degree rape, regardless of the age of the victim.Oklahoma does not look kindly on first degree rape. By statute, conviction is punishable by death; however, the United States Supreme Court has ruled the death penalty is unconstitutional for any offense other than aggravated murder. Because the state is not allowed to execute those convicted of first degree rape, the�penalty is 5 years to life without parole.Additionally, first degree rape is a Level III sex offense requiring lifetime sex offender registration and all of the restrictions associated with sex offender status in Oklahoma.


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