Oops! Something went wrong while submitting the form
The legal age of consent in the state of Oklahoma is 18 years of age. The age of consent is the minimum legal age at which an individual (male or female) has the mental capacity to consent to sexual intercourse with another individual. There are exceptions to the age of consent laws in Oklahoma such as the marital exception and the Romeo and Juliet exception. These exceptions outline the conditions under which sexual activity with someone under 18 years of age does not result in criminal liability.
Charges of statutory rape are brought when an individual engages in sexual intercourse with a minor under eighteen years of age. Statutory rape is a sex crime in Oklahoma and those convicted are required to register as sex offenders with the state's sex offender registry.
The Romeo and Juliet exception to Oklahoma's age of consent laws is a close-in-age provision that allows consensual sexual activity between individuals when both partners are at least 16 years old and the older partner is less than four years older than the younger partner.
The Romeo and Juliet exception applies to consensual sex between two people, where both are at least 16, and the other is no more than 4 years older than the minor. Sex with a minor under the age of 16 will result in criminal charges in any situation.
If you want to avoid facing charges of statutory rape and labeled as a sex offender for the rest of your life, you should have a clear understanding of EXACTLY how the law is interpreted.
If you are 18 years old or older, you should avoid having sex with anyone younger than yourself.
Examples of the Romeo and Juliet exception are listed below.
In Oklahoma, the age of consent is 18, and the law recognizes an age differential of four years. This means that no person can be convicted of rape or rape by instrumentation with anyone over the age of 16, with that person’s consent, unless the defendant was more than 4 years older at the time the sexual act occurred. Though statutory rape is a strict liability crime which does not require the prosecutor to prove that an assault occurred, it is still classified as rape under the Oklahoma penal code.
Statutory rape is prosecuted under Oklahoma’s rape and sex crimes laws. Penalties for statutory rape depend on the ages of the defendant and victim, and the conduct that occurred.
For example, charges of second-degree rape would result from consensual sex between a minor who is 14 or 15, and a defendant who is older than 18. As another example, charges of second-degree rape would result from consensual sex between a minor who is 16 or 17 and a defendant who is more than four years older than them. Penalties for second-degree rape include at least one year (and up to 15 years) in prison. In addition to incarceration, State law requires people convicted of certain sex crimes (including some instances of statutory rape) to register as sex offenders.
In another example, charges of first-degree rape would result from consensual sex between a minor who is younger than 14 and a defendant who is 18 years or older. First-degree rape carries a penalty of at least five years (and up to life) in prison.
Defendants accused of statutory rape often claim they had no reason to know their partner was underage. The defendants may argue that the victims misrepresented their age, and that a reasonable person would have believed such representation.
Even if this is true, Oklahoma does not allow a defendant to rely on a mistake of age to avoid a sex crime conviction for statutory rape. Statutory rape is a strict liability crime, so a malicious intent or a “guilty mind” is not necessary. All that matters is the age of the alleged victim and whether the sexual conduct actually occurred.
If you or a loved one has been charged with rape or statutory rape in Oklahoma you should immediately contact an experienced defense attorney. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.
