Rape by Instrumentation - Tulsa Trial Attorneys
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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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Rape by Instrumentation
Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge (sexual intercourse) of another person without his or her consent and penetration of the anus or vagina occurs to that person.
Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, 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 conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of the same school system, or where the victim is under the legal custody or supervision of a state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section of law with a federal, state, 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, consent shall not be an element of the crime.
Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is nineteen (19) years of age or younger and in the legal custody of a state agency, federal agency or tribal court and engages in conduct prohibited by this section of law with a foster parent or foster parent applicant.
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 section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. 21 O.S. 1111.1
Rape by Instrumentation in First Degree - Elements
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) the person penetrated the anus / vagina;
(2) of any victim;
(3) with (an inanimate object) / (a part of the human body other than the penis);
(4) without the victim's consent;
(5) resulting in bodily harm; and
(6) [List the Circumstance(s) Specified in Section 1111 Which Exist in This Case].
OR
(1) the person was eighteen years of age or older;
(2) the person was an employee of the victim's school system; and
(3) the person penetrated the anus/vagina;
(4) of a student / (person under the legal custody / supervision) of a public / private (elementary / secondary school) / (junior high)/high/(public vocational) school;
(5) who was at least sixteen years of age and less than twenty years of age;
(6) resulting in bodily harm.
OR
(1) the defendant was an employee / (employee of a contractor of) / the (state / federal agency)/county/ municipality / (political subdivision); and
(2) who penetrated the anus / vagina;
(3) of a person who was under the legal custody / supervision;
(4) of the (state / federal agency) / county / municipality / (political subdivision) that employed the defendant;
(5) resulting in bodily harm.
Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation. OUJI-CR 4-125
Rape by Instrumentation Second Degree - Elements
No person may be convicted of rape by instrumentation in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) the person penetrated the anus / vagina;
(2) of any victim;
(3) with (an inanimate object) / (a part of the human body other than the penis);
(4) without the victim's consent;
(5) [List the Circumstance(s) Specified in Section 1111 Which Exist in This Case].
Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation.
OR
(1) the person was eighteen years of age or older; and
(2) the person was an employee of the victim's school system;
(3) penetrated the anus / vagina;
(4) of a student / (person under the legal custody / supervision) of a public/private (elementary/secondary school)/(junior high)/high/(public vocational) school;
(5) who was at least sixteen years of age and less than twenty years of age;
Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation.
OR
(1) the defendant was an employee / (employee of a contractor of)/the (state / federal agency) / county / municipality / (political subdivision); and
(2) who penetrated the anus/vagina;
(3) of a person who was under the legal custody / supervision;
(4) of the (state / federal agency) / county / municipality / (political subdivision) that employed the defendant;
Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation.
OR
(1) the defendant was an (foster parent) / (foster parent applicant);
(2) who penetrated the anus / vagina;
(3) of a person who was nineteen years of age or younger;
(4) when the person was in the legal custody of a (state / federal agency) / (tribal court).
Any sexual penetration, however slight, is sufficient to complete the crime of rape by instrumentation. OUJI-CR 4-27
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
Rape by Instrumentation 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.