If you are facing sex-related charges, time is critical in building a strong defense. Our experienced rape defense lawyers work quickly to gather evidence to support your defense, and we will carefully examine all avenues to bring the best possible resolution to your case.
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There are dozens of sex crimes with which a person can be charged under Oklahoma criminal law. However, when most people think of sex crimes the first offense that comes to mind is rape. While it may be one of the most well-known sex offenses, it is also one of the most widely misunderstood.
By definition, rape is nonconsensual sexual penetration. The term "nonconsensual" conjures images of forcible rape; however, the most commonly prosecuted crimes do not involve physical force at all. In fact, many of them involve apparently consensual sex. Unfortunately for the men and women facing second degree charges, just because a person seems to offer consent does not mean he or she has the legal ability to do so.
The criminal code of the Oklahoma statutes define rape in 21 O.S. § 1111. According to the state law, it is an act of sexual intercourse, including vaginal or anal penetration, occurring under a specific set of circumstances including force or threat of violence; deception; incapacitation by drugs, alcohol, or other anesthetizing agent; or where a victim is unable through age, mental illness, custodial status, or student status to provide legal consent to sex.
State district attorneys prosecute several types of rape:
Spousal and date rape are not individual categories of charges; rather, they are terms often used to describe specific types of first and second degree charges.
Forcible sodomy is not technically rape, as it may not involve anal or vaginal penetration. Typically forcible sodomy involves nonconsensual oral sex or oral copulation with a person who cannot legally consent to such an encounter.
Furthermore, a person may be guilty of spousal rape if sexual intercourse is achieved through force or violence or the threat of force or violence accompanied by the apparent power to carry out the threat.
Both first degree and statutory rape are punished severely, carrying heavy fines and lengthy prison sentences. Furthermore, both crimes are considered Level III sex offenses, which require lifetime registration in accordance with the Oklahoma Sex Offender Registration Act. This means that a person who has sex with someone who is completely willing but unable to provide legal consent, if convicted, will be branded as a rapist for life, unable to go near a school, work with children, or even visit a park as prohibited by sex offender status.
If you or a loved one are facing charges it is imperative that you speak with a qualified attorney before speaking with ANYONE else. At Phillips & Associates we have successfully tried dozens of sex crime related cases. Put our experience to work for you by calling today. (405) 418-8888.