Defending Rape Charges requires a strong understanding of potential defenses. In February of 2017 a Tulsa man was convicted of rape by instrumentation and crimes against nature. During Valentine’s Day, a woman became unconscious at the man’s home. She awoke to severe pain and later found photos of sexual assault against her involving objects and at one point a dog. The woman reported the crime to police, providing them the photos from the man’s cell phone. This is an unusual case and will result in a lengthy jail sentence for the offender. This article will explain more about this crime and how defending rape charges requires a nuanced approach to be successful in its defense.
Defining Rape in Oklahoma
In Oklahoma, the legal definition of rape is under Title 21 §1111. This encompasses three main elements: penetration, lack of consent, and force. The element of penetration is rather clear. Penetration can be by any object: a body part of the offender including genitals or hands, an inanimate object, etc. Next, the element of force must exist. Force is basically any amount of force necessary to accomplish penetration. This means that force is generally always present if any type of penetration is present. Finally, lack of consent is the most debated element of a rape charge in the majority of cases. This is because consent is not always a direct “yes” or “no”. However, consent may be impossible to provide if a person is a minor or mentally incapable of providing consent. If the victim is a minor, you will face statutory charges.
MORE ABOUT STRICT LIABILITY AND STATUTORY RAPE HERE ON OUR BLOG.
Penalties of Rape Convictions
As in most criminal cases, the criminal sentence depends on the amount of planning and violence used in perpetrating the offense. Rape is the same way. In cases where rape is in the first degree, an offender may face no less than five years in prison. Further, this term can easily reach a life sentence. Oklahoma law even provides a provision for the death sentence in extreme cases. Second degree rape is also a felony. It has a minimum sentence of 1 year, but may reach up to 15 years in prison.
Rape Charge Attorneys
Our attorneys understand Defending Rape Charges and the special requirements for a successful defense of this and all other sex crimes. Rape charges and all sex crimes are specially nuanced and require an attorney who can work with this kind of defense. Defending rape charges involves showing the Court the fine details that leading up to the charge. If you’re facing criminal charges on rape get the legal advantage you need, 918.743.2233
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