What is Considered Consent?
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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.
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What is Considered Consent?
The term "consent" means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter. Consent cannot be:
1. Given by an individual who:
a. is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or
b. is under duress, threat, coercion or force; or
2. Inferred under circumstances in which consent is not clear including, but not limited to:
a. the absence of an individual saying "no" or "stop", or
b. the existence of a prior or current relationship or sexual activity. 21 O.S. 113
It is the burden of the State to prove beyond a reasonable doubt the absence of consent to the (sexual intercourse) / [specify other sexual conduct].
Persons need not expressly announce their consent to engage in sexual activity for there to be consent. Consent can be given either through words or through actions that, when viewed in the light of all the surrounding circumstances, would demonstrate to a reasonable person that consent for the specific sexual activity had been given.
Consent is present when the evidence, in whatever form, is sufficient to demonstrate that a reasonable person would have believed that the alleged victim had affirmatively and freely given authorization to the act.
If there is evidence to suggest that the defendant reasonably believed that consent had been given, the State must demonstrate that such a belief was unreasonable under all of the circumstances. If you find that the State has failed to sustain its burden of proof beyond a reasonable doubt, then the defendant must be found not guilty. OUJI-CR 4-138
Can Consent be Revoked?
Yes, Consent can be revoked at any time during the sexual encounter. 21 O.S. 113
Can a Minor Give Consent?
You are instructed that as a matter of law a minor under the age of fourteen / sixteen is incapable of giving consent / agreement to engaging in sexual conduct which is otherwise prohibited by law and the agreement / consent of such minor to such activity should be disregarded by you in determining the question of the defendant's guilt. OUJI-CR 4-138A
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
What is Rape?
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,
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. 1111
First Degree Rape - Punishment
Rape in the first degree is a felony punishable by death or imprisonment in the custody of the Department of Corrections, for a term of not less than five (5) years, life or life without parole. 21 O.S. 1115
Second Degree Rape - Punishment
Rape in the second degree is a felony punishable by imprisonment in the State Penitentiary not less than one (1) year nor more than fifteen (15) years. 21 O.S. 1116
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
What is the difference between First Degree and Second Degree Rape?
What is considered consent?
Can consent be revoked?
Can a minor give consent?
Sex Crimes 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.