Compelling Marriage by Force or Duress - Tulsa Trial Attorneys
Client Reviews From Compelling Marriage by Force or Duress Cases
"NOT ONLY WERE THEY FEROCIOUS IN COURT, BUT THEY TREATED ME AND MY FAMILY WITH KINDNESS AND RESPECT." S.N.
"MY FAMILY HAS HAD A LOT OF ATTORNEYS, BUT NONE HAVE EVER FOUGHT HARDER OR BEEN SUCH FIERCE ADVOCATES IN THE COURTROOM AS THESE TWO." D.A.
First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;
IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.
Compelling Marriage by Force or Duress - Punishment
Any person who takes any woman against her will, and by force, menace or duress, compels her to marry him or to marry any other person, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a minimum of ten (10) years. 45 O.S. 1117
Rape - Definition
Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
1. Where the victim is under sixteen (16) years of age;
2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;
3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
4. Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
5. Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;
7. Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality or a political subdivision that exercises authority over the victim;
8. Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system;
9. Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant; or
10. Where the victim is at least sixteen (16) years of age but less than eighteen (18) years of age and the perpetrator of the crime is a person responsible for the child's health, safety or welfare. "Person responsible for a child's health, safety or welfare" shall include, but not be limited to:
a. a parent,
b. a legal guardian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom the child's parent cohabitates,
f. any other adult residing in the home of the child,
g. an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of Title 10 of the Oklahoma Statutes, or
h. an owner, operator or employee of a child care facility, as defined by Section 402 of Title 10 of the Oklahoma Statutes.
Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person. 21 O.S. 1111
Another Issue to Know
Age Limitations on Conviction for Rape
Compelling Marriage by Force or Duress
Unlawfully taking a Woman to Compel Marriage by Force or Duress
Rape by Instrumentation in First & Second Degree
Compelling Marriage by Force or Duress Litigation Expertise
Criminal defense charges in Oklahoma require an aggressive defense. No matter the charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending criminal charges, it is necessary to obtain representation quickly. Many times the best outcome is formulated and negotiated early in the process. The longer you wait to hire a criminal defense attorney the greater the stress and the greater the advantage to the prosecution.