Oklahoma Rape and Sexual Assault Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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The term "sexual assault" refers to any crime where the offender subjects the victim to unwanted and offensive sexual touching. In Oklahoma, the three main sexual assault crimes are rape, rape by instrument, and forcible sodomy.
Oklahoma's Rape Laws
In Oklahoma, rape is defined as an act of sexual intercourse involving vaginal or anal penetration (with someone who isn't the offender's spouse) under any of the following circumstances:
- The victim is less than 16 years old
- The victim is incapable of giving legal consent due to mental illness or any other unsoundness of the mind (whether temporary or permanent)
- Force or violence is used (or threatened with the apparent ability to carry out the threat)
- The victim is unconscious, and the offenders knows that the victim is unconscious, during the sexual intercourse
- The victim submits to the sexual intercourse while believing that the offender is their spouse because the offender has intentionally tricked the victim
- The victim is under the legal custody of a government agency and engages in sexual intercourse with an employee of that government organization that exercises control over the victim, or
- The victim is between 16 and 20 years old and is a student, or is under the legal supervision of a school, and engages in sexual intercourse with an offender who is 18 years old or older and is an employee of that same school system
Rape can also occur between spouses. Under Oklahoma's rape laws, it is rape if an offender forces their spouse to engage in sexual intercourse by using force or violence (or threatened force or violence with the apparent ability to carry out the threat).
The following chart outlines Oklahoma's main rape laws.
Code Section |
Oklahoma Code section 21-1114: First and Second-Degree Rape |
What's Prohibited? |
First-degree rape includes:
All other instances of rape qualify as second-degree rape. |
Penalties |
First-degree rape: Felony. Punishable by death, imprisonment for at least five years, life, or life without parole. Second-degree rape: Felony. Punishable by imprisonment for between one and 15 years. |
Age of Consent
The age of consent in Oklahoma is 16. This means that people who are 16 years old and older are legally mature enough to consent to having sexual intercourse with another person. On the other hand, anyone who is less than 16 years old is legally incapable of consenting to sexual intercourse.
Age Limitations on Conviction for Rape
Minors who are less than 18 years old can't be convicted of rape in Oklahoma for having consensual sexual intercourse with anyone over the age of 14. For example, if Tom is 17 years old and has consensual sexual intercourse with his girlfriend Karen who is 16 years old, then neither Tom nor Karen has committed rape in Oklahoma.
Additional Resources
State laws change frequently. For case specific information regarding Oklahoma's rape and sexual assault laws contact a local criminal defense attorney or a sex crime lawyer.
If you or someone you know has been the victim of a sex crime there is help available. Please contact an organization dedicated to promoting victim rights.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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