Wagoner Lawyer Blog Rape by Instrumentation in Wagoner: What You Need to Know

rape by instrumentationFor victims, investigators, prosecutors and the public at large, rape by instrumentation is a horrendous crime that can cause eggregious physical and emotional damage to the victim. It is considered a violent crime, always charged as a felony count.

It is also a crime that can spark emotional outrage. When someone alleges rape, investigators can lose sight of facts and seek to pin the crime on someone as quickly as possible. A race to justice can result in an innocent person being convicted.

If convicted of any rape charge, you will face time in jail. Once you are released, you will be required to register as a sex offender. If you are being charged with rape by instrumentation, hire a Wagoner criminal defense attorney as soon as possible. Capable legal counsel could mean the difference between freedom and long years in prison.

Definition of Rape By Instrumentation in Oklahoma

At its core, rape is non-consensual sex. Rape by instrumentation in Oklahoma is defined as an act in which an inanimate object or a part of the human body is used to penetrate either the anus or vagina of the victim without the victim’s consent. It involves penetration other than sexual intercourse. Unlawful penetration might involve a hand or an object. Okla. Stat. tit. 21 § 1111.1.

Because it often occurs in a violent and brutal manner, rape by instrumentation often results in permanent injury. It is immaterial whether the accused is married to the victim or not. Even the slightest degree of penetration is sufficient to result in a charge of rape by instrumentation. Okla. Stat. tit.21 § 1113.

Oklahoma classifies the crime of rape by degrees, with first-degree rape as the more serious crime. As of November 1, 2017, all rape by instrumentation charges are considered first-degree rape. Prior to that date, rape by instrumentation was considered first degree rape if the victim was under the age of 14 or if the rape resulted in great bodily harm to the victim. Okla. Stat. tit. 21 § 1114.


Penalties for rape by instrumentation are severe. First degree rape is a capital offense in Oklahoma. Currently, capital punishment — execution — has been banned by the US Supreme Court for crimes other than intentional murder and crimes against the state such as treason or perhaps high-level drug-trafficking.  Kennedy v. Louisiana, 554 U.S. 407 (2008). Yet a person could face as much as life in prison without parole for a first-degree rape conviction. A second-degree rape conviction can result in as many as 15 years in prison. Okla. Stat. tit. 21 § 1115, 1116.

In addition, as a violent crime, rape by instrumentation is subject to the 85 percent rule. Under this rule, if convicted, a person must serve at least 85 percent of the sentence. Because rape is punishable by life in prison, if convicted, even a life sentence with a chance for parole means you could spend as many as 20 to 30 years in prison. Okla. Stat. tit. 21 § 13.1.

Free Consultation: Wagoner Felony Defense Attorney

If convicted of rape by instrumentation in Oklahoma, you could spend decades or even the rest of your life in prison. It is critical that you hire an experienced Wagoner felony defense attorney to protect your future.

Call us today for a free consultation with a Wagoner, Oklahoma criminal defense attorney. Call the Wirth Law Office – Wagoner at (918) 485-0335, or toll free at (888) Wirth-Law. Or as always, you may enter a legal question in the form at the top of this page and we will contact you shortly.

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