405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

Law Firm: OKC's Top Rape Defense Team

Have you or a loved one been charged with first or second degree rape?  Even just being charged with this crime can have extremely serious consequences that can last the rest of your life.  Your FIRST move should be to contact a qualified defense attorney that is experienced with sex crimes cases.  Contact Us Today.  We have successfully helped clients with all of the following types of cases:

  1.  

First Degree or Forcible Rape

First degree rape is the crime most commonly referred to as “rape.” It is nonconsensual sexual penetration that is typically committed through threat or force. Not first degree acts are violent, however. In some cases, rape in the first degree occurs when a person is incapacitated in some manner.

By statute, first degree rape is punishable by death.   But the Supreme Court of the United States has ruled that the death penalty is unconstitutional except in cases of capital murder. Minimum sentencing is five years in prison, and maximum penalties include life without the opportunity of parole.

Since it's a violent sex crime, it is considered one of Oklahoma’s “85 Percent Crimes.” As a result anyone convicted of rape in the first degree is required to serve at least 85 percent of their sentence before eligibility for parole will be considered.

For parole considerations, a life sentence is forty five years.  So an individual sentenced to life in prison for first degree rape would be required to serve thirty eight years of their sentence before parole eligibility will be considered.

It is also a Level III sex offense. This means that anyone convicted must register as an Oklahoma Sex Offender for life.  This requires the individual provide address verification every 90 days. All of the personal information of the offender is made publicly available in the Oklahoma Sex Offender Registry.  This includes the physical address, the crime committed,  and other personal information.

First Degree Rape by Instrumentation

Nonconsensual sexual penetration which is not sexual intercourse is called rape by instrumentation. It covers any act of vaginal or anal penetration by a foreign object or body part which does not equal intercourse.

It will be prosecuted as first degree charge if the victim is below the age of 14 or if the act results in serious bodily injury. It will be prosecuted as second degree charge if the victim is statutorily unable to provide legal consent.

Second Degree or Statutory Rape

Statutory or second degree rape, includes acts in which the “victim” verbally consents to sex, but by law he or she is legally unable to do so. They are not forcible acts; they are not violent acts. They do not even always include minors as the “victims.” Second degree rape is not typical of the violent crime many people associate with first degree; however, it is still carries a heavy punishment.  Those convicted have committed a felony sex offense which is punishable by both lengthy prison terms and lifetime sex offender registration.

If you have been accused of second degree rape or questioned about the nature of your relationship with a person who is legally unable to consent, it is crucial that you refuse to answer questions or discuss your case with anyone except an attorney familiar with sex crime cases. Statutory rape is known as a per se offense.  This leaves no wiggle room. If the sex took place, the crime took place, regardless of any other extenuating circumstances. For example, telling an officer of the law, “Yes, we did have sex, but she told me she was 18,” would be tantamount to an admission of guilt—not an extenuating circumstance that can save you from prosecution and conviction.

The consequences of conviction are extremely harsh. Your personal and professional relationships will be put at risk, and if you are convicted, you will be branded a sex offender for the rest of your life. If you or a loved one are accused of statutory rape, you should call an attorney immediately.

 

Understanding Oklahoma's Sex Crime 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:

  1. Where the victim is under sixteen (16) years of age;
  2. Where the victim is incapable of giving consent due to a mental illness or other temporary or permanent unsoundness of mind;
  3. Where force or violence is used or threatened, and it reasonably appears that such threat is possible;
  4. 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;
  5. Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
  6. 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;
  7. 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
  8. 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.

 

Forcible and Statutory Rape Defense

A rape charge of any type is a serious matter.  Oftentimes circumstances described by the victim are not consistent with what actually happened.  To protect your rights and your reputation you need to consult a defense lawyer with experience handling these types of cases.  The Law Offices of Adam R. Banner specialize in a wide range of sexually related charges and will implement an aggressive defense strategy designed to protect you.  


 

 

×