Oops! Something went wrong while submitting the form
An Oklahoma City rape defense attorney represents individuals charged with first or second–degree rape. Rape is a sex crime that involves non-consensual sexual intercourse under various aggravated circumstances. A rape defense attorney has a thorough understanding of Oklahoma's sex crime laws, forensic evidence such as DNA, and criminal court procedures. Defense attorneys protect the rights of their clients by evaluating the case, investigating evidence and circumstances of the act, counseling their client, developing a defense strategy, negotiating potential plea bargains or lesser charges, and representing the client at trial.
Hiring a rape defense attorney involves researching qualified candidates, scheduling an initial consultation, assessing each attorney's expertise and experience, verifying their credentials, and finalizing an agreement with the selected attorney. At the Law Offices of Adam R. Banner, we have a strong track record of success in defending clients against charges of first and second-degree rape.
An Oklahoma rape defense attorney works to achieve the best possible outcome for their client facing first-degree or second-degree rape charges. This includes the dismissal of the charges, acquittal, or reduced sentencing. A defense attorney protects and advocates for their client's rights throughout the legal process. They provide services, such as evaluating the details of the case, conducting an independent investigation, counseling the client regarding their best legal options, creating a defense strategy, negotiating a potential plea bargain or reduction of charges, and representing the client should the case go to trial.
First-degree rape is non-consensual sexual penetration that is typically committed through threat or force. Rape in the first degree includes acts that are violent or acts in which the victim was incapacitated in some manner.
Potential legal defenses for first-degree rape charges include arguing the sexual activity was consensual, demonstrating that the charges are based on false allegations, challenging the prosecutions evidence, proving the defendant was not responsible for the act, and providing evidence that the defendant was not present at the scene of the alleged act.
The legal defense strategies for first-degree rape are listed below.
An effective defense strategy such as those listed above are crucial due to the severe penalties for those convicted of first degree rape. These penalties include five years to life in prison without the opportunity of parole. The severe consequences of a conviction on first-degree rape charges makes hiring an experienced defense attorney critical.
Nonconsensual sexual penetration which is not sexual intercourse is considered rape by instrumentation. Rape by instrumentation covers any act of vaginal or anal penetration by a foreign object or body part which does not equal intercourse.
It is prosecuted as a 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 a second-degree charge if the victim is statutorily unable to provide legal consent. Rape by instrumentation is considered a serious sex crime and those facing charges should contact a qualified defense attorney immediately.
Statutory or second-degree charges include 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 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. You can read more about statutory rape laws in Oklahoma here.
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. Oklahoma’s rape laws categorize rape into first and second degree rape charges. The prosecution will determine the charges levied against the defendant based on the circumstances of the crime and aggravating factors.
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 criminal justice attorney with experience handling these types of cases.
The attorneys at The Law Offices of Adam R. Banner of Oklahoma City specialize in a wide range of sexually related charges and will implement an aggressive criminal defense strategy designed to protect you.
