Oklahoma Laws & Statutes On Sexual Assault And Sexual Abuse

Oklahoma Laws & Statutes On Sexual Assault And Sexual Abuse2018-04-27T13:40:24+00:00
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If you or someone you love recently became the victim of a sexual crime, you may be struggling with questions about your legal options:

  • What type of prison sentence does the perpetrator face?
  • Do we have other legal options if there's no conviction?
  • Can organizations be held liable for enabling sexual abuse?

Our Oklahoma sexual abuse victims' lawyers are here to help you stand up for your rights as a survivor.

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Are you wondering how state laws will affect the prosecution of your offender after being sexually assaulted or abused in Oklahoma? We’ve summarized the state’s sexual abuse laws below in the section below as a reference for recent victims of sexual crimes. But remember, these laws frequently change. In order to gain a better understanding of how the criminal courts will prosecute guilty parties, it’s best to discuss the details of your case with an experienced Oklahoma sexual abuse victims’ rights lawyer.

Oklahoma's Criminal Law On Sexual Assault & Child Abuse

It’s normal to be curious about how the criminal justice system will handle your case, but remember that criminal courts primarily focus on punishing criminals. In order to get the full financial support you need and deserve, it may be necessary to file a civil sexual assault lawsuit.

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Civil lawsuits can help survivors in ways the criminal justice system fails to, including:

  • Holding third parties liable for enabling sexual abuse
  • Punishing perpetrators even when the criminal courts fail to convict
  • Providing financial compensation for economic and noneconomic damages

Our lawyers specialize in helping survivors and their families get justice and financial support. We can help you learn more about your rights as a victim in a free consultation.

Rape

In Oklahoma, a person can be found guilty of rape if he or she engages in sexual intercourse under any of the following circumstances:

  • With a victim younger than 16 years old
  • With a victim who is unable to give legal consent because of a mental illness, either temporary or permanent
  • Through the use of force or violence
  • With an unconscious victim
  • With a victim who submits because he or she has been tricked into thinking the offender is their spouse
  • The offender is employed by a government agency and has sexual intercourse with a victim under legal custody of that agency
  • The victim is 16-20 years old and a student and the offender is at least 18 years old an employed by the student’s school

Rape can be charged in either the first or second degree, depending on the specifics of the crime.

First Degree

A person will be charged with rape in the first degree if the crime involved any of the following:

  • The offender is at least 18 years old and the victim is younger than 14
  • The victim is incapable of consenting because of a mental illness
  • The victim is intoxicated by a narcotic or anesthetic agent given to them by the offender
  • The victim is unconscious and the offender knows this
  • The use of force, violence, or threats of force and violence
  • Rape involving instruments, which leads to bodily harm
  • Rape involving instruments when the victim is younger than 14

First-degree rape is a felony punishable by either death, imprisonment for a minimum of 5 years, life, or life without parole.

Second Degree

Any rape which occurs without any of the conditions listed under first-degree rape will be charged in the second degree. This is also a felony, punishable by 1-15 years in prison.

Forcible Sodomy

In Oklahoma, crimes which involve unlawful oral sex are classified as forcible sodomy. While most states also include anal penetration in their definition of sodomy, in Oklahoma anal penetration meets the definition of rape. A person can be charged with forcible sodomy if they engage in any of the following forms of oral sex:

  • When the offender is at least 18 years old and the victim is younger than 16 years old (the age of consent)
  • With someone who can’t consent because of a mental illness or mental disability
  • Oral sodomy perpetrated through the use of force, violence, or threats
  • When the victim is a student between 16-19 and the offender is an employee of the victim’s school system
  • When the victim is an arrestee, inmate, ward of the state, or anyone else in the custody of an agency where the offender is employed

This felony is punishable by a maximum of 20 years in prison.

Sexual Battery

A person can be convicted of sexual battery if he or she intentionally touches, mauls, or feels the body or private parts of someone 16 years of age or older without their consent. This felony is punishable by 1-15 years in prison.

Lewd Or Indecent Proposals Or Acts Upon A Child Under 16

Most crimes of child sexual abuse are prosecuted under “lewd or indecent proposals or acts upon a child under 16”. A person can be convicted of this crime for any of the following actions:

  • Forcing a child to touch or feel the body or private parts of themselves or another person
  • Causing, exposing, forcing, or requiring a child to witness sexual acts
  • Forcing or requiring a child under 16 (or someone the person believes to be a child under 16) to view obscene materials or child pornography
  • Causing or forcing a child to look at the body or private parts of another person
  • Ejaculating on or in the presence of a child
  • Urinating or defecating on a child
  • Touching a child in a lewd or lascivious manner for the purpose of sexual gratification
  • Looking upon, touching, mauling, or feeling the body or private parts of a child in a sexual manner
  • Asking, inviting, enticing, or persuading a child to go alone to a secluded, remote, or secret place with the intent of committing a sexual crime
  • Using any oral, written, or electronic means to attempt to meet with a child for sexual relations or sexual intercourse

This felony is punishable by 1-20 years in prison on the first conviction. On separate convictions, this crime is punishable by a sentence up to life without parole.

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