Rape is a very serious accusation that can lead to years behind bars and other life-changing consequences. Because a number of circumstances may constitute rape, even when the victim has provided consent, a rape charge should not be taken lightly.
Defining Rape in Muskogee
The crime of rape in Muskogee is governed by Oklahoma law, which outlines several circumstances under which someone may be charged with rape. Oklahoma law provides that rape occurs when the accused and victim engage in sexual intercourse under the following circumstances:
1. The victim is under sixteen (16) years of age;
2. The victim is mentally incompetent to give legal consent through mental illness or any other unsoundness of mind;
3. Force or violence is used or threatened;
4. The accused has purposely given the victim a narcotic or anesthetic agent to force the victim to submit;
5. The victim is unconscious;
6. The victim submits to sexual intercourse under the false belief that the person committing the act is a spouse;
7. The victim is in prison and engages in intercourse with a state, federal, or local government employee; or
8. The victim is a junior high/middle school or high school student between the ages of 16 and 19 and engages in sexual intercourse with an employee of the same school system who is at least 18-years-old.
Whether or not the victim consented to the intercourse is irrelevant in any of these scenarios. A prosecutor will simply have to prove that the intercourse took place under any of these circumstances to secure a conviction of rape against the defendant.
Punishment for Rape
Rape may be charged as a first or second degree crime. First degree rape involves victims age 14 or younger; victims who are mentally incapable to consent due to intoxication, unconsciousness or mental disabilities; and the use of instrumentation. All other cases of rape are classified as second degree. While first degree rape is punishable by at least five years in prison, second degree rape is punishable by at least one year in prison.
Low-cost Consultation: Muskogee Rape Defense Lawyer
A conviction of rape can lead to years in jail and severely alter one’s life. If you or anyone you know is faced with this charge, contact a Muskogee Criminal Defense Attorney to discuss your available legal options. Consult with an experienced attorney at The Wirth Law Office – Muskogee, call today at (918) 913-0725, or call toll-free at 1-(888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
