Rape by Instrumentation (Child) - Tulsa Trial Attorneys
Client Reviews From Rape by Instrumentation (Child) Cases
"I WOULD HAVE BEEN IN PRISON IF IT WASN'T FOR BRIAN AND CIERA. I HAVE NEVER HAD AN ATTORNEY FIGHT FOR ME LIKE THEY DID." T.W.
"NOT ONLY WERE THEY FEROCIOUS IN COURT, BUT THEY TREATED ME AND MY FAMILY WITH KINDNESS AND RESPECT." S.N.
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;
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Rape by Instrumentation (Child Under 14)
Rape by instrumentation is an act in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person.
No person may be convicted of rape by instrumentation in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) penetration of the anus / vagina;
(2) of a child under fourteen years of age;
(3) by (an inanimate object) / (a part of the human body other than the penis).
Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation. OUJI-CR 4-126
Charged with Child Abuse in Oklahoma
Child Abuse and other child related offenses, are only second to murder as the most serious crimes that a person can be charged with. Not only do you face the potential of serious prison time, but you also may lose the rights to continue being your child’s parent.
Unfortunately, when it comes to allegations of a crime against a child, 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. Most times DHS will become involved and you have to fight on two fronts. You must be very very careful.
Don’t settle for hiring an attorney, hire a team. Make sure you hire a firm that has experience in both serious criminal felony litigation and DHS juvenile cases. Let an experienced team of attorneys help guide you through this scary time. Make sure that your attorney is experienced, aggressive, and compassionate.
Child Abuse - Definition
Harm or threatened harm to a child’s health, safety or welfare by a person responsible for the child. This includes non-accidental physical or mental injury, sexual abuse, or neglect.
Child Abuse - Punishment
Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another. 21 O.S. 843.5(1)
Child Abuse - Elements
No person may be convicted of child abuse unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a person willfully / maliciously
(2) harmed / (threatened harm to) the health, safety, or welfare
(3) of a child under the age of eighteen
(1) a person responsible for a child's health, safety, or welfare
(2) willfully / maliciously
(3) failed to protect from harm / (threatened harm) to the health, safety, or welfare
(4) of a child under the age of eighteen. OUJI-CR 4-35
Crimes against Children (non-sexual)
Sex Crimes against Children
Crimes Against Children FAQs
What is considered ordinary force for a parent for discipline?
Can prayer be a defense?
Rape by Instrumentation (Child) Litigation Expertise
Child Abuse charges in Oklahoma require an aggressive defense. No matter which child 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 child crime charges, it is necessary to obtain experienced, aggressive, and compassionate representation that understands and DHS Juvenile implications. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a Criminal Defense and Juvenile attorney the greater the stress and the greater the advantage to the prosecution.