Forcible Sodomy - Tulsa Trial Attorneys

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Client Reviews From Forcible Sodomy Cases

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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;

  1. IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,

  2. YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,

  3. EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,

  4. 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.

Sodomy - Definition

Sexual Intercourse involving anal or oral copulation.

Forcible Sodomy

Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a maximum period of twenty (20) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

The crime of forcible sodomy shall include:

1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age;

2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;

3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime;

4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state, 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 of this state;

5. Sodomy committed upon a person who is at least sixteen (16) years of age but less than twenty (20) years of age and is a student of any public or private secondary school, junior high or high school, or public vocational school, with a person who is eighteen (18) years of age or older and is employed by the same school system;

6. Sodomy committed upon a person who is at the time unconscious of the nature of the act, and this fact should be known to the accused;

7. Sodomy committed upon a person where the person is intoxicated by a narcotic or anesthetic agent administered by or with the privity of the accused as a means of forcing the person to submit; or

8. Sodomy committed upon a person who is at least sixteen (16) years of age but less than eighteen (18) years of age by 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,

c. custodian,

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. 21 O.S. 888

Forcible Sodomy - Elements

No person may be convicted of forcible oral sodomy unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) penetration;

(2) of the mouth / vagina of the defendant / victim;

(3), by the mouth / penis of the defendant / victim;

(4) which is accomplished by means of force or violence, or threats of force or violence that are accompanied by the apparent power of execution.]

You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

OR

(4) by a person over the age of eighteen on a child under the age of sixteen.]

OR

(4) committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent].

OR

(4) committed by a state/ county / municipal / (political subdivision) employee / contractor / [employee of a contractor of (the state) / (a county/municipality / (political subdivision of Oklahoma)] upon a person who was under the legal custody, supervision or authority of a (state agency)/ county / municipality / (political subdivision) of Oklahoma.

(4) where the victim was at least sixteen but less than twenty years of age;

(5), the victim was a student of a (secondary school) / (junior high) / high/ (public vocational) school;

(6) the defendant was eighteen years of age or older; and 

(7) the defendant was an employee of the victim's school system].

OR

(4) where the victim was at the time unconscious of the nature of the act and this fact was / (should have been) known by the defendant].

OR

(4), where the victim was intoxicated by a / an narcotic / (anesthetic agent);

(5) (given by) / (with the knowledge of) the defendant;

(6) as a means of forcing the victim to submit] OUJI-CR 4-128

What if There is a Second Violation?

Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence. 21 O.S. 888

What if There is a Third Violation?

Any person convicted of a third or subsequent violation of this section, where the victim of the third or subsequent offense is a person under sixteen (16) years of age, shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, a violation of Section 1123 of this title or sexual abuse of a child pursuant to Section 843.5 of this title, or of any attempt to commit any of these offenses or any combination of the offenses, shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole. 21 O.S. 888

Charged with a Sex Offense in Oklahoma

Rape, and other Sex Offenses, are not only some of the most serious crimes that a person can be charged with, but they carry some of the most extensive and lasting consequences if convicted. Individuals convicted of a sex crime, are required to register as a sex offender, which will affect where they can live, work, and travel for the rest of their life. Beyond that, the emotional toll it will take on the person and their family is immeasurable.

Unfortunately, when it comes to allegations of Rape or other Sex Crimes, many people have a tendency to see the accused person as guilty until proven innocent. This is the opposite of how it should be. It can quickly turn into a witch-hunt without the proper legal representation. This can be very frustrating and you will want to protest. The danger is that even your words of protest and your attempts to explain may be twisted and used against you. You must be very very careful.

This is an overwhelming, stressful, and uncertain time for both you and your family. Let an experienced team of attorneys help guide you through this scary time. Make sure that your attorney is experienced, aggressive, and compassionate.

CALL TODAY FOR YOUR FREE CONSULTATION - 918-884-7791

Sex Offender Registration Act (SORA)

Both First and Second Degree Rape require that you register under the Sex Offender Registration Act (SORA).

Other Sex Crimes

Sex Crime Definitions

Forcible Sodomy Litigation Expertise

Rape and other Sex Offense charges in Oklahoma require an aggressive defense.  No matter which sex offense 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 sex crime charges, it is necessary to obtain experienced, aggressive, and compassionate representation quickly.  The smallest detail or piece of evidence can make all the difference.  The longer you wait to hire a criminal defense attorney the greater the stress and the greater the advantage to the prosecution.

Call Us Today - 918-884-7791