Sexual assault is a serious crime that carries severe consequences, including imprisonment, fines, and a tarnished reputation.
However, many people do not understand the intricacies of sexual assault laws and how consent plays a role in determining guilt. In this article, our Oklahoma criminal defense attorneys at Jacqui Ford Law will examine the definition of rape and the various factors that influence whether someone can be charged with this crime – even if they had consent.
Understanding Rape and Sexual Assault in Oklahoma
Rape in Oklahoma law is defined as non-consensual sexual intercourse, either by force, threat, or intimidation.
This means that if a person engages in sexual activity with another person who is unable to give consent, they can be charged with rape. This can include instances where the victim is incapacitated due to drugs or alcohol or is unconscious.
Sexual assault, on the other hand, is a broader term that encompasses any form of non-consensual sexual contact, including rape as well as sexual battery and molestation. In some states, sexual assault may also include unwanted touching or sexual advances.
The Role of Consent in Sexual Assault Cases
Sexual action must be freely and passionately consented to by all partners to be deemed consensual. This indicates that sexual activity is not deemed consenting if a person is forced, threatened, or intimidated into doing so.
Every time sexual activity occurs, consent must be obtained. This means that even if a person has previously consented to sexual activity, it does not entail that their partner may do so in the future without first getting their consent.
It is also important to note that consent cannot be obtained from someone unable to give it, such as an unconscious person, incapacitated, or under the influence of drugs or alcohol. In these instances, the person who engages in sexual activity with them can be charged with rape or sexual assault.
Unfortunately, even if someone gives their consent, they may still be able to accuse their sexual partner of rape or sexual assault.
How Can Someone Be Charged with Rape Despite Having Consent?
While consent is a critical factor in determining whether someone can be charged with rape or sexual assault, other factors can also come into play.
These can include:
- The age of the parties involved: In many areas, minors are not considered capable of giving consent to sexual activity, even if they agreed to it. This means that if an adult participates in sexual acts with a minor, they can face charges of statutory rape, even if the minor consented.
- The mental capacity of the parties involved: If one of the parties involved has a mental disability or illness that impairs their overall ability to give informed consent, they cannot be held responsible for engaging in sexual activity. In these instances, the person who engaged in sexual activity with them can be charged with rape or sexual assault.
- The use of drugs or alcohol: If one of the parties involved is under the influence of drugs or alcohol and is unable to give informed consent, they cannot be held responsible for engaging in sexual activity. In these instances, the person who engaged in sexual activity with them can be charged with rape or sexual assault.
Contact an Oklahoma Sex Crimes Defense Attorney Today
Before participating in any sexual activity, it is crucial to get explicit consent. This entails taking the time to comprehend and respect your partner’s preferences, as well as being aware of the things that can make it difficult for them to give informed permission.
You can better comprehend the accusations made against you, the evidence that will be presented in court, and any potential defenses by working with an experienced Oklahoma criminal defense lawyer like our team at Jacqui Ford Law. You can safeguard your rights, secure your future, and guarantee that the court hears your side of the story, with solid legal representation. Contact our firm today to get started on your defense.
