Juvenile Sex Crimes in Oklahoma17-Jul-2015
Juvenile Sex Crimes Defense Lawyer
Having a child accused of rape or sexual assault can be terrifying for both the teen and his or her parents. If your child is charged with a juvenile sex offense, securing legal counsel is imperative for helping your teen to keep this incident from having a continuing impact on his or her life. Whether vigorously fighting charges coming from false allegations or working to negotiate sentencing and treatment options that allow your child to quickly move forward, a juvenile sex crime lawyer advocates and fights for your child’s best interests.
Teen Sex Crimes
Almost every act which would be a crime if committed by an adult is a crime if committed by a minor under the age of 18. This includes sex offenses:
- Rape by instrumentation
- Attempted rape
- Forcible sodomy
- Lewd molestation
- Child pornography
Understanding how Oklahoma defines each of these acts can help you understand the charges and possible consequences a minor accused of a juvenile sex crime might face.
Youthful Offenders in Oklahoma
One of the first considerations in understanding how a child will be prosecuted and the penalties he or she will face is the minor’s age at the time of the offense. Although many people believe that all minors under the age of 18 are adjudicated in the juvenile court system, many are not adjudicated delinquent, but rather prosecuted as Youthful Offenders.
The Oklahoma Youthful Offender act recognizes that some crimes are more serious than typical non-violent misdemeanors like shoplifting, petit larceny, breaking and entering, and vandalism. In Oklahoma, a teen may be charged as an adult for first degree murder, but the Youthful Offender Act serves as a middle ground between delinquent adjudication and adult conviction.
Under the Youthful Offender Act, teens aged 15-17 charged with certain crimes may be prosecuted as youthful offenders rather than adults. In these cases, they face an adult sentence. However, the Youthful Offender Act does note the opportunities for rehabilitation of youth, and teens sentenced as youthful offenders do not necessarily have to continue to adult prison after they turn 18.
Youthful Offenders and Sex Crimes
Whether a child will be charged as a youthful offender depends upon his or her age and the offense for which he or she is accused.
Teens aged 15, 16, or 17 will be charged as youthful offenders for the following sex crimes:
- First degree rape
- Attempted first degree rape
- First degree rape by instrumentation
- Attempted first degree rape by instrumentation
- Forcible sodomy
- Lewd molestation
Because so many teen rape charges involve alcohol or drug use, it is important to note that Oklahoma includes the following acts among those charged as first degree rape (21 O.S. § 1111):
Rape is an act of sexual intercourse . . .
- 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
Teens aged 16 and 17 are also charged as youthful offenders for second degree rape.
Studies show that juveniles who commit sexual assault, rape, or lewd molestation are dramatically different from adult sex offenders. Therefore the same punishments given to adult sex offenders are typically inappropriate for juvenile sex offenders.
Call 405-778-4800 to learn more about juvenile sex crime defense.
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