In Muskogee, Oklahoma, rape is non-consensual sex involving either vaginal or anal penetration. Rape by instrumentation in Oklahoma is considered one of the most serious rape charges.
All rapes are considered violent offenses and prosecuted as felony crimes. If convicted, the penalties include years of prison time as well as serious limitations on freedom after release from prison.
Defining Rape in Muskogee
In Oklahoma, rapes are charged and prosecuted in the first degree in its more violent and serious forms and in the second degree for less serious offenses.
Rape in the first degree includes among other circumstances, rape by instrumentation that results in bodily harm, and rape by instrumentation in Oklahoma committed upon a person under 14 years of age.
In all other cases, rape or rape by instrumentation in Oklahoma is second-degree rape. Okla. Stat. tit. 21 § 1114
What is Rape by Instrumentation in Oklahoma?
Rape by instrumentation in Oklahoma occurs when either an inanimate object or a body part is used to penetrate another’s anus or vagina in a manner that does not include coitus as part of a non-consensual sex act. Okla. Stat. tit. 21 § 1111.1
This is often a particularly violent method of rape, leaving great physical injury in its wake. As such, rape by instrumentation in Oklahoma is often charged as first-degree rape.
Penalties
The penalties for rape, both in the first and second degree, are quite severe.
First-degree rape is a capital offense. And although Oklahoma has been banned from executions for offenses of this nature, the statute still allows punishment by death or imprisonment. If convicted of first-degree rape in Oklahoma, you can still be sentenced to life in prison without parole. Okla. Stat. tit. 21 § 1115
Rape in the first degree is one of the crimes subject to Oklahoma’s 85% rule. Okla. Stat. tit. 21 § 13.1
Under that law, if convicted, you must serve at least 85% of the sentence imposed by the court. For many, this means actually serving 20 to 30 years in prison.
Second-degree rape in Muskogee is punishable by up to 15 years in prison. Okla. Stat. tit. 21 § 13.1116
Low-cost Consultation: Muskogee Felony Defense Attorney
Rape is a violent crime and as such, treated harshly in Oklahoma. If you are convicted of such a charge, you could spend the majority of your life in jail. It is critical that you hire an experienced Muskogee criminal defense attorney if you are being investigated for or have been charged with rape by instrumentation in Oklahoma, or any other rape charge.
Let a Muskogee felony defense attorney speak for you and protect your rights. For a no-cost, no-obligation consultation with an experienced criminal defense attorney, call 918-913-0725 or toll free at 1-888-Wirth-Law (1-888-947-8452).
