Not only does rape in Tulsa, Oklahoma have serious legal consequences, it can ruin your reputation even if you are simply accused of this crime.
If you’ve been charged with rape in Tulsa, it is important that you don’t try to fight the charge yourself.
You will need an experienced Tulsa criminal defense attorney on your side who understands the law and knows how to build a strong defense.
Defining Rape in Tulsa
Rape in Tulsa is governed by Oklahoma law, which states that it is illegal to have sex with someone under the following circumstances:
1. The victim is under sixteen (16) years of age;
2. The victim is mentally incompetent to give legal consent through mental illness or any other unsoundness of mind;
3. Force or violence is used or threatened;
4. The accused has purposely given the victim a narcotic or anesthetic agent to force the victim to submit;
5. The victim is unconscious;
6. The victim submits to sexual intercourse under the false belief that the person committing the act is a spouse;
7. The victim is in prison and engages in intercourse with a state, federal, or local government employee; or
8. The victim is a junior high/middle school or high school student between the ages of 16 and 19 and engages in sexual intercourse with an employee of the same school system who is at least 18 years old.
Consent is never a defense in any of these circumstances. Therefore, if an adult had consensual sex with a 15-year-old he will still be guilty of rape.
Or, if a woman told a man that she wanted to have sex with him, and then passed out, the man would still have committed rape since she was unconscious at the time.
All a prosecutor must prove is that intercourse occurred under any of the above circumstances.
Oklahoma Rape Penalties
Rape in Tulsa occurs in either the first-degree or second-degree.
First-degree rape usually involves victims who are age 14 or younger or incapable to consent due to intoxication, unconsciousness, or mental disabilities.
The use of instruments or foreign objects is also first-degree rape.
All other instances of rape in Tulsa are considered to be second-degree rape.
First-degree rape is punishable by at least five years in prison.
Second-degree rape is punishable by at least one year in prison.
Free Consultation: Tulsa Felony Defense Lawyer
A conviction of rape in Tulsa can lead to years in jail and severely alter one’s life.
If you or someone you know is faced with this charge, consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262.
If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.