(405) 418-8888

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Possession of Child Pornography
September 2018
Trafficking in CDS (Methamphetamine), Possession of a CDS (Methamphetamine) with Intent to Distribute, Possession of a Firearm (AFCF), Drug Money Laundering and Wire Transmitter Act Violations (x2), Possession of a Firearm in the Commission of a Felony, P
August 2018
July 2018
Sexual Battery
June 2018
Malicious Destruction of Property
May 2018
Shooting with Intent to Kill, Possession of a Firearm (AFCF)
May 2018
1st Degree Burglary, Assault and Battery with a Dangerous Weapon
May 2018
Driving Under the Influence
May 2018
Public Intoxication
May 2018
Possession of CDS (Meth)
April 2018
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Second Degree or Statutory Rape Charges

The term "rape" conjures images of violent sexual assault.  However, there are many people who are criminally charged with a serious sex crime even though they may have been involved in a sexual relationship they thought was consensual.

Second degree rape, often described as statutory rape, is a felony offense, and while associated prison sentences are lighter than those levied for first degree rape, there is no distinction between the two on the state sex offender registry risk level assessment. Both first degree rape and second degree rape are considered Level 3 sex offenses, requiring anyone convicted to register as a sex offender every 90 days for the rest of their lives.

Being found guilty of means that you will be branded as a sex offender for life, and will face all associated penalties and restrictions. You will not be able to take your children to school or attend school functions. You cannot go to the park. You may lose professional licensure, and you will not be able to find employment in certain careers. You even have to get written permission to attend church services.

Clearly, the implications are severe, and anyone accused of second degree rape needs immediate legal representation. Do not try to talk to your accuser or alleged victim. Do not talk to police to try to "clear things up." Invoke your 5th amendment right to remain silent, and insist on having your attorney present during questioning. Then call an experienced defense lawyer with an established successful record of sex crime defense.

Statutory Rape Defined

Oklahoma law defines specific actions that constitute rape in 21 O.S. § 1111. These acts include sexual intercourse involving vaginal or anal penetration which:

  • Occurs with a person under the age of 16, the age of legal consent in Oklahoma
  • Involves a victim who is unable to provide legal consent due to mental disability or mental illness
  • Is perpetrated through the force or violence or the threat of force or violence, including when the victim is the spouse of the perpetrator
  • Occurs when the perpetrator uses drugs or an anesthetizing agent to intoxicate the victim to force submission
  • Involves a victim who is unconscious of the nature of the act, and the perpetrator is aware of the fact
  • The victim submits because he or she has been tricked into thinking the perpetrator is his or her spouse
  • The victim is in the custody or guardianship of a federal, state, county, or city agency and the perpetrator is an employee of that agency
  • The victim is a student under the age of 20, and the perpetrator is an employee in the same school system

All types of rape not defined as "first degree" are defined in 21 O.S. § 1111 are considered second degree rape, or statutory. Typically, second degree rape involves seemingly consensual sex with someone who is legally unable to consent to the act due to age, custodial status, or student status.

While people often think of statutory rape as sex with an underage teen, even adults can be considered victims. For example, an 19-year-old student—three years above the legal age of consent—may not consent to sex with an employee of the same school district or system, even if that employee is not in a position of authority over the student, and even if the employee works at a different school than the "victim" attends. Likewise, adult jail or prison inmates cannot legally consent to sex with an employee of the Department of Corrections or other supervisory or custodial agency.

Penalties for second degree rape are severe. It is a felony sex offense punishable by 1 to 15 years in state prison, and upon release, anyone convicted of second degree rape must register as a Level 3 sex offender for life. Even if your "victim" is an adult, you will face the same restrictions as a child rapist or a violent rapist. It is imperative that you retain legal counsel immediately to preserve your rights and maximize your defense.

Fighting Statutory Rape Charges

If you're facing serious charges, rely on an attorney who has the skill, expertise, and tenacity to fight for you in court and the record of success to back up his reputation. At Phillips & Associates our record speaks for itself.  To schedule a free consultation with one of our defense lawyers who will zealously fight your legal battle, call (405) 418-8888 or submit our confidential online case review form to get started.