Rape by instrumentation is a type of rape that involves using a foreign object or a part of the body, other than the male sexual organ, to penetrate another person's vagina or anus without that person's consent. Rape by instrumentation is a felony sex crime that does not involve traditional sexual intercourse, but still counts as rape under Oklahoma law. This offense is charged when force, threats, or in situations where the victim cannot legally give their consent. Charges are divided into first and second degrees based on the circumstances of the crime. Rape by instrumentation is differentiated from rape in that it does not involve sexual intercourse. The legal defenses for this type of sexual assault include arguing valid consent, lack of intent, and false allegations.
What is the Definition of Rape by Instrumentation?
Rape by instrumentation is defined in Oklahoma statute Title 21 O.S. § 1111.1 as the use of any object or part of the body, other than the male sex organ, to penetrate another person's vagina or anus without their consent. Charges of rape by instrumentation can be filed within or without the bonds of matrimony. Consent is considered legally invalid under the conditions listed below.
- the act is accomplished by using force, violence, or threats of harm
- the victim of the rape is unconscious, asleep, or in any way physically unable to resist
- the victim is intoxicated, drugged, or in any other way incapacitated and therefore unable to give consent
- the victim is underage or legally incapable of giving consent due to their age or mental incapacity
- the perpetrator is in a position of authority or trust such as a teacher, corrections officer, or counselor
Under these conditions, Oklahoma law presumes that consent does not exist, even if the victim did not verbally resist the act.
What Does Rape by Instrumentation Mean?
Rape by instrumentation means using a foreign object or body part, such as a finger (digit), to vaginally or anally penetrate the body of another individual without their consent.
What Are the Degrees of Rape by Instrumentation Charges?
Rape by instrumentation charges in Oklahoma are categorized into two degrees, based on the presence of force, the victim's age, and the victim's ability to consent. First degree rape by instrumentation charges apply when aggravating factors are present including physical violence, threats, a victim who is unconscious, the victim is under the age of 14, or when the victim is physically or mentally unable to consent. Second degree rape by instrumentation charges apply when the victim is between fourteen and sixteen years old or when the sexual act occurs without violence but under conditions where the victim's consent is legally invalid.
Rape in the First Degree
Rape by instrumentation becomes first degree rape when one or more aggravating factors are present. These factors are listed below.
- The act involves force, threats, or violence.
- The victim is unconscious, asleep, or physically unable to resist.
- The victim is younger than fourteen years of age.
- The victim is intoxicated or mentally incapacitated and therefore unable to give valid consent.
The penalty for first degree rape by instrumentation includes imprisonment for not less than five years to life according to Section 1115 of Title 21. Life without parole may apply if the court finds aggravating circumstances such as prior convictions or severe bodily harm.
Rape in the Second Degree
Rape by instrumentation becomes second degree rape when the victim is between fourteen and sixteen years of age and perpetrator is an adult, or when the act happens without violence but when the victim cannot legally consent due to their age or the offender's position of authority.
The conditions under which rape by instrumentation is charged as second degree rape are listed below.
- The victim is between fourteen and sixteen years of age, and the offender is an adult.
- The act happens without the use of force or violence, but consent is legally invalid due to the victim’s age or the offender’s position of authority.
The penalty for second degree rape by instrumentation includes imprisonment from one to fifteen years according to Section 1116 of Title 21. The court may also require registration under the Oklahoma Sex Offenders Registration Act, often referred to as SORA.
What Are the Penalties for Rape by Instrumentation in Oklahoma?
The penalties for rape by instrumentation in Oklahoma depend on the degree of the offense and the specific circumstances of the act. First degree rape by instrumentation is punishable by a prison sentence of five (5) years to life. Second degree rape by instrumentation is punishable by a sentence of one (1) to fifteen (15) years.
What is the Penalty for First Degree Rape by Instrumentation in Oklahoma?
The penalty for first degree rape by instrumentation Title 21 Section 1115 of the Oklahoma Statutes is not less than five (5) years and up to life in the Oklahoma Department of Corrections. A judge may impose a sentence of life without parole if aggravating factors such as prior felony convictions, the use of violence, or serious bodily injury to the victim are present. Those convicted of this crime must serve at least 85% of their prison sentence before they are eligible for parole. A first degree offense is classified as a violent felony and requires the perpetrator to register as a sex offender under the Oklahoma Sex Offenders Registration Act (SORA).
What is the Penalty for Second Degree Rape by Instrumentation in Oklahoma?
The penalty for second degree rape by instrumentation under Title 21 Section 1116 of the Oklahoma Statutes is imprisonment for one to fifteen years in the Oklahoma Department of Corrections. The judge determines the sentence based on the facts of the case and the defendant’s criminal history. This offense often involves victims aged fourteen to sixteen or situations where consent is legally invalid because the perpetrator holds a position of authority or trust. Conviction on these charges requires the perpetrator to register as a sex offender under SORA. Additional penalties for second degree charges can include fines, probation restrictions, and mandatory counseling once the offender has been released.
Rape by Instrumentation vs Rape
The difference between rape by instrumentation and rape under Oklahoma law is determined by whether or not the act involved penile penetration of the victim. Rape by instrumentation involves penetration of the victim's anus or vagina wihtout their consent, with any object or part of the body other than the penis. In contrast, rape involves the penetration of the anus or vagina by the penis without the legal consent of the victim.
What is the Legal Defense for Rape by Instrumentation?
The legal defense strategies for charges of rape by instrumentation include arguing consent, lack of intent, false allegations or mistaken identity, insufficient or contaminated evidence, a violation of constitutional rights, inconsistencies in the victim's testimony, and the presence of an alibi.
The legal defense strategies for fighting charges of rape by instrumentation in Oklahoma are listed below
- Arguing valid consent
- Lack of Intent
- False Allegations or Mistaken Identity
- Insufficient or Contaminated Evidence
- A Violation of the Constitutional Rights of the Accused
- Inconsistencies in the Victim's Testimony
- The presence of an Alibi for the Accused
Each case is unique and a defense strategy is built on a careful review of the facts, evidence, and relevant statutes. A rape by instrumentation attorney examines all of the facts of the case and applicable laws in order to reduce or dismiss the charges if possible. The criminal attorneys at the Law Offices of Adam R. Banner are experienced in fighting sex crime charges throughout the state of Oklahoma.
