Rape is a serious charge in Wagoner, Oklahoma and is treated as a felony with the potential for life imprisonment.
Even a charge under Oklahoma rape laws can cause serious consequences for you such as harming your reputation and your relationships with family, friends, and co-workers.
Furthermore, any rape conviction in Oklahoma will result on you being placed on the Oklahoma sex offender registry. If you are facing a rape charge, contact our Wagoner felony attorneys immediately for a confidential consultation.
What is the Difference Between First and Second Degree Under Oklahoma Rape Laws?
According to Okla. Stat. tit. 45 §1111, rape is defined in two ways. The first is “an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator” under one of the following eight conditions:
- The victim is under sixteen (16) years old;
- The victim is unable to give legal consent to the sexual intercourse due to mental illness or any other unsoundness of mind;
- The perpetrator uses or threatens force or violence, accompanied by apparent power of execution;
- The perpetrator administers a narcotic or anesthetic to cause the victim to become intoxicated as a means of forcing the victim to submit;
- The victim is unconscious of the sexual intercourse and this fact is known to the perpetrator;
- The victim submits to sexual intercourse believing that the perpetrator is a spouse. The belief is induced by artifice, pretense, or concealment by the perpetrator;
- The victim is under the legal custody or supervision of a government agency or political subdivision and engages in sexual intercourse with an employee of the agency;
- The victim is a student of any public or private school between the ages of sixteen (16) and twenty (20) and engages in sexual intercourse with an employee of the same school who is eighteen (18) years old or older.
The second definition of rape under Oklahoma rape laws is sexual intercourse with a male or female who is the spouse of the perpetrator if force or violence is used or threatened.
First-Degree Rape
First-degree rape is defined as rape under one of the following seven conditions:
- Rape of a minor under 14 years of age by someone over 18 years of age; or
- Rape of a person with a mental illness or any unsoundness of mind preventing the person from giving consent; or
- Rape of a victim who is intoxicated by a narcotic or anesthetic agent administered by or with the knowledge of the accused; or
- Rape of a victim who is unconscious of the act and this fact is known to the accused; or
- Rape of any person by means of force, violence, or threats of force or violence; or
- Rape by instrumentation resulting in bodily harm; or,
- Rape by instrumentation of a minor under fourteen (14) years of age.
Second-Degree Rape
Every other instance will be defined as second-degree rape under Oklahoma rape laws.
Punishment Under Oklahoma Rape Laws
The penalty for rape is severe. For first-degree rape, you may be facing a prison term of at least five years. You may also be incarcerated for life with or without the possibility of parole.
First-degree rape can also result in the death penalty under some circumstances.
Second-degree rape carries a prison sentence between one and 15 years.
Contact the Wirth Law Office in Wagoner for a Consultation
You need an experienced Wagoner rape attorney who understands Oklahoma rape laws. You need an attorney who has the resources and experience necessary to help you achieve the best possible outcome under the circumstances.
Our Wagoner felony attorneys take your case very seriously. When you need the services of an experienced Wagoner criminal attorney regarding a charge of rape in Oklahoma, contact the Wirth Law Office – Wagoner at 918-485-0335. We will explain how our knowledge and resources can help you present the best defense possible against your criminal charges.
