Sex Crimes Defense Law Firm in OKC
The state of Oklahoma is one of the toughest in the nation when it comes to prosecuting individuals charged with rape, statutory rape, and other sex-related charges. Oftentimes the prosecution will fight to get the maximum sentence allowed by law.
This makes it imperative that you hire the best rape defense attorney you can afford, if you or a loved one are sexual assault charges.
It's important to remember that everyone is innocent until proven guilty even though it may not feel like it as you go through the legal process. An experienced attorney can put your mind at ease and make sure that all evidence is brought to light.
Let's take a look at the different types of rape charges in the state of Oklahoma.
First Degree or Forcible Rape
While many different crimes might be known as "rape", first degree charges are what most people think of when hearing of this crime. Essentially it boils down to non-consensual sex that is committed by threat or force. This, of course, doesn't mean that all first degree charges are actually violent. It can also mean that the victim was incapacitated in some way.The law says that first degree rape can be punishable by the death penalty. However, this was found to be unconstitutional by the US Supreme Court. They ruled that only murder can be punishable by death.
The punishments for first degree charges in Oklahoma range from five years up to life in prison without the chance of parole.
As it is a violent sex crime it is classified as an "85 percent" crime. This means that anyone who is convicted will be required to serve a minimum of 85 percent of their jail sentence before they ever become eligible for parole. Under these circumstances you can see why it is a good idea to hire a lawyer that is familiar with rape cases.
Someone who was sentenced to life in prison in Oklahoma for rape charges would be required to serve 38 years before they could be considered for parole. (a life sentence is forty-five years)
In addition to prison time anyone convicted would also be designated a Level III sex offender. This means you would have to register with the State's Sex Offender Registry for the rest of their life and submit to all of the requirements that carries. In addition the convicts personal information is available on a public website.
First Degree Rape by Instrumentation
Another first degree charge is rape by Instrumentation. This is non-consensual sexual penetration which is not sexual intercourse.This charge covers any act of vaginal or anal penetration by a foreign object or body part which does not equal intercourse.
If the victim of the crime is 14 years or younger or if it results in serious injury, it is prosecuted as a first degree charge. If the victim is unable to provide legal consent to intercourse the crime will be prosecuted as a second degree charge.
Statutory or Second Degree Rape
Statutory charges includes acts in which the victim consents to the sexual act, but due to certain circumstances they are no legally able to do so.Statutory rape is not a violent act, and they doesn't even necessarily indicate that the victim was a minor at the time of the act.
While it's not necessarily the violent crime that is common with first degree charges, the punishments for this crime in the state of Oklahoma are still severe. Those convicted will most likely face substantial prison time as well as lifetime registration as a sex offender.
Those potentially facing second degree rape charges or those who have been questioned about he nature of their relationship with someone is who legally not capable of providing consent should not answer any questions without first talking to a qualified attorney. There's not a lot of wiggle room with statutory rape charges, if the victim is legally unable to consent, and the act of sex took place, a crime was committed.
The Details of Oklahoma's Rape Laws
Rape 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 any of the following circumstances:- Where the victim is under sixteen (16) years of age;
- Where the victim is incapable of giving consent due to a mental illness or other temporary or permanent unsoundness of mind;
- Where force or violence is used or threatened, and it reasonably appears that such threat is possible;
- Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
- Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
- Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief;
- Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of such; or
- Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system.
- If you have questions about the law in our state feel free to reach out to one of our lawyers for a Free Case Evaluation.
Hiring a Sex Crime Defense Attorney
Rape charges of any type should be considered a very serious matter. There are plenty of examples of charges brought in which circumstances described by the victim are not quite consistent with what actually happened. To protect your rights and your reputation you need to consult a criminal defense attorney with rape defense experience.https://www.avvo.com/attorneys/73118-ok-adam-banner-4257782.html
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