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Sexual Assault

Can You Be Accused of Rape in Oklahoma if Both Parties Were Drunk?

By April 26, 2023February 15th, 2024No Comments

Rape is a horrible crime with terrible repercussions for both the victim and the accused. 

However, it can be challenging to ascertain who is at fault and who gave consent when both parties are intoxicated. For this reason and many others, it is crucial to seek the assistance of a knowledgeable and skilled criminal defense attorney like our team at Jacqui Ford Law if you are facing rape charges in the Oklahoma City region.

What is Rape?

Sexual contact with a person who is not your spouse without that person’s consent constitutes rape in Oklahoma and is punishable by a minimum of 5 years in prison and a maximum of life in addition to fines and other punishments.

Can Drunken Consent be Considered Rape?

Consent is a crucial component of any sexual act, and it must be given freely and enthusiastically. If a person is too drunk or incapacitated to give their consent, then any sexual act performed on them would be considered rape. This is because they are unable to understand the consequences of their actions or make informed decisions about their sexual activity.

The Role of Alcohol in Rape Cases

Alcohol is often a factor in rape cases, and it can play a significant role in determining the outcome of the case. When both parties are drunk, it can be difficult to determine who was responsible for the sexual act. This is because alcohol can impair judgment, reduce inhibitions, and make it difficult to determine whether consent was given.

The Importance of Obtaining Clear Consent

It is essential to obtain clear and enthusiastic consent before engaging in any sexual act. This means that both parties must be of sound mind and able to understand the consequences of their actions. If one person is too drunk or incapacitated to give their consent, then the sexual act should not take place.

The Consequences of Rape in Oklahoma

Rape has severe consequences for both the victim and the accused. 

In Oklahoma, a person convicted of rape can face a maximum sentence of life in prison and a fine of up to $10,000. If the victim is under the age of 18, the perpetrator can face additional charges and an increased sentence.

In addition to the criminal consequences, a person convicted of rape may also face a lifetime of shame and stigma. They may face difficulty with the following:

  • Finding employment, 
  • Finding housing
  • Forming new relationships and repairing old ones
  • Rebuilding their reputation
  • Obtaining successful future prospects 

Common Defenses in Oklahoma Rape Cases

When facing rape or sexual assault charges, it’s important for defendants to understand their options for defense. Some common defenses used in rape cases include:

  • Consent: If both parties were of age and consented to sexual activity, the act cannot be considered rape.
  • False Accusation: In some cases, a false accusation may be made due to a variety of reasons such as revenge or a mistake in identification.
  • Insufficient Evidence: If the evidence against the defendant is not strong enough, a case may be dismissed or result in a not guilty verdict.
  • Alibi: If the defendant can prove they were not in the location at the time of the alleged crime, this can be used as a defense.

It’s important to note that each case is unique and the defenses that may be used will depend on the specific circumstances. An experienced attorney like our sex crime defense lawyers at Jacqui Ford Law can help defendants understand the best defense strategy for their situation.

Contact Jacqui Ford Law Today

If you are facing rape charges in the Oklahoma City area, it is important to seek the help of a competent and experienced legal professional. Jacqui Ford Law is dedicated to providing the highest quality legal representation to defendants in the Oklahoma City area. With years of experience in criminal defense, Jacqui Ford Law has the knowledge and expertise to help you navigate the legal system and protect your rights. Contact us today.