Sexual Assault and Battery - Tulsa Trial Attorneys

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Client Reviews From Sexual Assault and Battery Cases

"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.

"THEY KNOW THE LAW, AND THEY AREN'T AFRAID OF HEARINGS OR TRIAL.  THEY GOT ME A VERY GOOD OFFER, BUT I TURNED IT DOWN AND SAID I WANTED TO GO TO TRIAL.  THEY DIDN'T ARGUE WITH ME LIKE MY LAST ATTORNEY.  CIERA AND BRIAN SIMPLY EXPLAINED THE RISKS AND WHEN I TOLD THEM I WAS SURE ABOUT GOING TO TRIAL, THEY WENT AHEAD AND FOUGHT HARDER THAN ANY ATTORNEYS I HAVE EVER SEEN.  THE END RESULT WAS A NOT GUILTY!"  D.T.

Time is of the Essence When Picking the Best Tulsa Criminal Defense Attorney:

First and foremost, call us right away at 918-884-7791.   Whenever you get arrested on such a serious charge, 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.  The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.

  1. DON’T TALK AND DON’T GIVE A STATEMENT.

  2. DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.

  3. EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.

  4. DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.

Sexual Assault - Defintion

The term "sexual assault" is any type of sexual contact or behavior that occurs without explicit consent of the recipient including, but not limited to, forced sexual intercourse, forcible sodomy, child molestation, child sexual abuse, incest, fondling and all attempts to complete any of the aforementioned acts.  21 O.S. 112

Sexual Battery - Elements

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

(1) the defendant intentionally;

(2) touched / felt / mauled;

(3) in a lewd and lascivious manner;

(4) the body / (private parts);

(5), of a person sixteen years of age or older;

(6) without his/her consent.

OR

(1) a state / county / municipal / (political subdivision) employee / contractor / [employee of a contractor of (the state) / (a county/municipality / (political subdivision of Oklahoma)] ;

(2) intentionally;

(3) touched / felt / mauled;

(4) in a lewd and lascivious manner;

(5) the body / (private parts);

(6) of a person sixteen years of age or older;

(7), who was under the legal custody, supervision or authority of the (state agency) / county / municipality / (political subdivision) of Oklahoma.

OR

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

(2) the defendant was an employee of the victim's school system;

(3) and intentionally;

(4) touched/felt/mauled;

(5) in a lewd and lascivious manner;

(6) the body / (private parts);

(7) of a person at least sixteen years of age and less than twenty years of age;

(8) who was a student / (person under the legal custody / supervision) of a public / private (elementary/ secondary / (technology center) school.

OR

(1) the defendant was a (foster parent) / (foster parent applicant); and

(2) intentionally;

(3) touched / felt / mauled;

(4) in a lewd and lascivious manner;

(5) the body / (private parts);

(6) of a person who was nineteen years of age or younger;

(7) when the person was in the legal custody of a (state / federal agency) / (tribal court).

The words "lewd" and "lascivious" have the same meaning and signify conduct which is lustful and which evinces an eagerness for sexual indulgence. OUJI-CR 4-130

Administration of Sexual Assault Examination Fund - Transfer

The duties of administering the Sexual Assault Examination Fund are hereby transferred from the Oklahoma State Bureau of Investigation to the Crime Victims Compensation Board. All unexpended funds, property, records and any outstanding financial obligations or encumbrances of the Oklahoma State Bureau of Investigation which relate to the Sexual Assault Examination Fund are hereby transferred to the Crime Victims Compensation Board. 21 O.S. 142.19

Sexual Assault Examination Fund - Establishment

A Sexual Assault Examination Fund shall be established for the purpose of providing to a victim of a sexual assault a forensic medical examination by a qualified licensed health care professional and to provide to the victim medications as directed by said health care professional.

The Crime Victims Compensation Board is authorized to pay for this examination and the medications directed by the qualified licensed health care professional upon application submitted by the victim of a sexual assault. The Crime Victims Compensation Board shall establish the procedures for disbursement of the Sexual Assault Examination Fund, but in no event shall the Crime Victims Compensation Board pay an amount to exceed:

1. Four Hundred Fifty Dollars ($450.00) for a sexual assault examination; and

2. Fifty Dollars ($50.00) for medications which are related to the sexual assault and directed and deemed necessary by said health care professional. 21 O.S. 142.20

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

Sexual Assault and Battery 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