Defense Lawyers and Rape Laws
Rape Laws in Oklahoma
Rape is becoming a wide-ranging legal term as more and more conduct begins to fall under the realm of this felonious law. As such, if you've been arrested and charged with any form of rape, you need to understand what your rights are and what laws are relevant to your situation. You also need to contact us, as the earlier you get to work on protecting your rights with an experienced criminal defense attorney, the more time you'll have to mount a capable and aggressive defense. Below are details surrounding the different forms of rape one can be charged with in Oklahoma.
Rape
Rape in Oklahoma is measured in degrees, and a defendant can be charged with either first or second-degree rape. The difference between the two involves many factors, but the point to remember is that first-degree rape carries a sentence of no less than five years, and can include life in prison and death in special circumstances. Second degree rape carries a penalty of 1-15 years in prison.
Date Rape
Date rape is a relatively new term on the legal front, and it's not specifically a legal term. It's more of a term of art, and date rape occurs when a sexual assault takes place between two people who know each other and during some sort of social engagement. In the eyes of prosecutors, there really is no difference between rape and date rape, however, as date rape carries the same penalty possibilities as a rape charge.
Date Rape Drugs
Date rape drugs have become more prevalent in criminal proceedings all over the United States in recent years, and these date rape drugs only add an element of potential culpability to the defendant if it's proven that date rape drugs were used on an alleged victim. Beyond the mere presence of date rape drugs in the victim's system, the use of these substances could also be used to prove intent on the part of the defendant, and proving intent only creates more difficulty for the defense.
Statutory Rape
Statutory rape is always charged as rape in the first degree in Oklahoma. The "catch" is that there is no intent requirement for a statutory rape charge to apply, and even if the sexual contact at issue was consensual in nature, the defendant will still be charged and, if proven, convicted of statutory rape if the defendant was over the age of 18 and the alleged victim was under the age of 14 at the time the act was committed. This is a serious charge, but one that can be defended if you contact us soon after you're charged.
Overall, being arrested and charged with rape of any kind in Oklahoma can carry serious consequences. However, if this has happened to you, there's no reason to do anything other than stand up for yourself and enforce your Constitutional rights as a defendant. The first way to do so is to contact us, as we are an experienced and highly-successful criminal defense law firm that will listen to your situation and help you through this often-confusing process. Don't wait to protect yourself - contact us today.
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