Oklahoma Rape and Sexual Assault Laws

Every state has criminal laws that prohibit nonconsensual sex. However, they refer to this activity in different ways. These laws generally fall under the umbrella of sex crimes. Under Oklahoma law, the term sexual assault refers to any crime where the offender subjects their victim to unwanted and offensive sexual touching.

In Oklahoma, the three primary sexual assault crimes are rape, rape by instrument, and forcible sodomy. This article explains how Oklahoma’s sexual assault laws work. It also examines the penalties and defenses associated with these criminal charges.

If facing sexual assault or rape charges, you should familiarize yourself with the relevant Oklahoma laws. Contacting a criminal defense lawyer who can help craft a solid defense strategy is also a good idea.

Oklahoma’s Rape Laws

Oklahoma law defines rape as an act of sexual intercourse involving vaginal or anal penetration under any of the following circumstances:

• The victim is less than 16 years of age
• The victim cannot give legal consent because of a mental illness or other mental or physical impairment
• The defendant uses force, the threat of force, or violence
• The victim is unconscious, and the offender engages in sexual relations, knowing they are unconscious
• The victim agrees to have sex with the defendant, believing the offender is their spouse because the offender tricked them
• The victim is in the legal custody of a government agency and has sexual intercourse with an employee of that organization who has apparent power and control over the victim
• An employee of a school system has sexual intercourse with a student who is between 16 and 20 years old

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.

Oklahoma’s Sexual Assault and Rape Laws: Summary

The following chart outlines Oklahoma’s main rape laws.

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. 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 guilty of rape in Oklahoma for having consensual sexual intercourse with anyone over the age of 14. A 17 year old male who has consensual sexual intercourse with a woman who is 16 years old is not guilty of rape under Oklahoma law.

Facing Rape or Sexual Assault Charges in Oklahoma? Talk to a Criminal Defense Lawyer

State laws change frequently, but any rape charge is a felony. If you’re facing charges for nonconsensual sexual intercourse or statutory rape, seeking legal advice from a criminal defense attorney or a sex crime lawyer is your best bet. During your case review, your attorney can answer any questions and give you an idea of what penalties you’re facing. They’re experts with case-specific information regarding Oklahoma’s rape and sexual assault laws.

If you or someone you know has been the victim of a sex crime, help is available. Organizations dedicated to promoting victim rights are a click or a call away.