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.

Sex crimes in Oklahoma are treated with the utmost seriousness. 

If you are found guilty of a sex crime, you will face imprisonment, fines, and a damaged reputation. You will have to register as sex offender for the remainder of your life, which limits where you can live and work.

Sex crimes charges necessitate the immediate assistance of a talented and experienced sex crimes defense attorney. However, the average person does not know what, exactly, constitutes a sex crime in Oklahoma. From our sex crimes defense attorneys at Jacqui Ford Law, here is an inside look at the acts our state considers to be sex crimes.

Different Types of Sex Crimes in Oklahoma

There is a common misconception that rape is the sole sex crime on the books in Oklahoma and beyond. 

In reality, there are numerous sex crimes punishable by Oklahoma and federal law. Aside from rape and sexual assault, other sex crimes include:

• Engaging in the act of prostitution
• Soliciting a prostitute
• Child molestation
• Indecent exposure
• The possession, making, or distribution of child pornography   

For the most part, the vast majority of Oklahoma sex crimes are serious felonies that have the potential to spur significant fines and a multi-year prison sentence.  However, it is possible for some of the charges detailed above, such as prostitution, to be charged as a misdemeanor.

It is also important to note internet sex crimes are also punished quite severely in Oklahoma. Everything from soliciting a minor for sex or nude images on the web to sexting and making an indecent or lewd proposal to a minor over the web qualify as internet sex crimes punishable by law.

Teen Sex Crimes in the State of Oklahoma 

Oklahoma law rarely distinguishes between sex crimes committed by minors and adults aged 18 or older. 

For the most part, if the act in question is illegal for an adult, it is also illegal for a minor.

However, there are some exceptions. As an example, statutory rape exceptions exist. The age of sexual consent in the state of Oklahoma is 16.

Consider a situation in which an adult over the age of 18 agrees to have sex with an individual who is 14 years old and has not yet reached the age required for legal consent. Such an adult will be charged with statutory rape, also known as second-degree rape.  Oklahoma state law precludes the filing of rape charges against an individual 18 years of age or younger who engages in consensual sex with an individual over the age of 14, however.

It is important to note some acts of rape are classified as first-degree rape independent of the aggressor’s age. 

As an example, first-degree rape charges in Oklahoma are applied in instances of forcible rape, rape performed with instrumentation that causes significant bodily harm, and rape of an individual incapable of providing his or her legal consent due to an unsound mind or mental illness. 

Aside from first-degree rape, additional sex offense charges a juvenile can face include:

• Forcible sodomy
• Lewd molestation
• Rape by instrumentation
• Attempted rape
• Second-degree rape
• Child rape
• Rape of a minor younger than the age of 14

Felony vs. Misdemeanor Sex Crime Charges

Most Oklahoma sex crimes are prosecuted as felonies and spur mandatory sex offender registration after conviction. 

Prostitution and public indecency are the exception and are commonly charged as misdemeanors. However, sexual assault, rape, and all sex crimes against children are charged as felonies. 

These felonies are punishable by years in prison or even life in prison and lifelong sex offender registration. If you or your child are labeled as a sex offender, life will become incredibly difficult in a number of regards. Sex offender status limits your career opportunities, as well as your ability to live in a specific part of town.

Jacqui Ford Law Sex Crime Defense Attorneys are Here to Help 

If you or your teen have been charged with a sex crime, you should know the stakes are high. Let us review the details of your particular case and build a custom-tailored legal defense. Contact us today to schedule an initial consultation.

 

Being accused of a sex crime in the state of Oklahoma is serious, with far-reaching consequences to your personal and professional life.

But sex crimes allegations also have some extra kinds of concerns that most other cases don’t have. Here, we discuss those issues and what to do if you are accused of a sex crime.

This blog post originally comes from a conversation on our Your Best Defense blog. To listen to the original podcast, click here.

Do not talk to the police

The first, and most important, piece of advice that I have to give you, is this: Do not talk to the law enforcement.

Most times when people are charged, our natural inclination, especially if we’re innocent, is to defend ourselves.

But it is really imperative that you understand that law enforcement are not your friends. They are not asking you questions in order to clear you of these allegations. They are trained to take your words out of context, and use them against you in the future. So, the first and most important thing is, stop talking to the police.

Who can I talk to?

A lot of times, especially if we are falsely accused, we want to talk to people about it. And we go to our safe places. We talk to our counselor or our psychiatrist, some of us share this information with our preacher, or our friends in the church community. Maybe you know someone at the Department of Homeland Security, or DHS is the one who’s come to you with these kinds of allegations, and they just want to hear your side of the story.

You cannot talk to these folks. You can’t talk to your primary physician. You can’t talk to anybody. You really can’t even talk to your wife, your mother, your father, or your kids.

And this is why: in Oklahoma, these people are deemed mandatory reporters. All of these people (primary physicians, doctors at the emergency room, your spouse, your counselors, and your preacher) have a kind of fundamental confidentiality with you and work to protect our communities.

But in Oklahoma, these people are called mandatory reporters, which means if they hear that there’s an allegation, or they have a suspicion, that a child has been the victim of any kind of physical abuse or sexual abuse they are obligated under law to report you.

And their failure to do so will put them at risk of being charged criminally.

(Sometimes the law will provide a spousal exception.)

So, all of the places that we generally go to as a safe place are no longer safe when we’re being accused of a crime against children or a crime involving sex. With that said, who can you talk to?

You have to find a lawyer.

The attorney-client privilege is sacred, and we are not mandatory reporters. You can come into my office and admit that you did every single thing that they said that you did, and I cannot report that. And I will not report it. My ethical obligations as an attorney prohibit me violating that confidence.

Choosing a sex crimes attorney

So, how do you figure out who to talk to?

You don’t want to talk to just any lawyer. You want to find the lawyer that has experience in sex crimes cases. You have to find an Oklahoma City sex crimes defense lawyer. How do you know if they’re sex crimes defense lawyers?

Well, we’re not allowed to “specialize.” I can’t put on my website, or on my business card, or on a billboard, that I “specialize” in sex crimes, that I “specialize” in defending folks accused of crimes against children, or crimes involving sexual acts. Again, my ethical obligations prohibit me from doing that.

So how do you figure out whether or not the person you’re talking to is experienced and qualified to handle these kinds of allegations?

You have a duty and an obligation to yourself to interview those lawyers. The lawyer that you choose is as important to you in this matter as the doctor you would choose if you had a brain tumor.

You are quite literally putting your life in their hands. It is their honor to represent you. You should not be honored to have them represent you. That’s not how this works.

So, take advantage of your free consultation. Most lawyers offer them. I certainly do. Come in and interview me. Ask me about my experience. Ask me how many cases I’ve taken like this to trial. Ask me if I have to go to trial in these cases.

I’m going to tell you as an experienced criminal defense lawyer who does a lot of work dealing in sex crimes: these cases don’t have to go to trial. We have a lot of tools at our disposal that we can help you through this process. And each case is so fact-specific that you really have to get in and talk with me — and you have to do it sooner, rather than later.

Getting started is the hardest part

If you know you’re being accused you cannot let fear, shame, or embarrassment stop you from picking up the phone. With most of my clients charged in these things, they are falsely accused. And they report to us that picking up the phone and asking for help in this regard was one of the hardest things they ever had to do. And I understand that. It’s embarrassing. Even if we did nothing wrong, our reputation has been damaged in the community, and we are afraid that people are judging us.

What you’ll find here is that you walk into this door with no judgment.

You will not be judged. You will not be shamed. You will not be made to be in fear of what’s going to happen. You’re going to walk into this door and be welcomed by me and my staff, who are equipped and experienced in dealing with these kinds of cases.

We understand the emotional turmoil that it puts on you, and you families, and your employers, and the people in your community. This does not just affect the accused. It is a wide-reaching, damaging accusation, and you have to have people who are prepared to defend you, not just in a courtroom, but with those other people in your lives.

Sex crimes cases are different from other cases

We know how to do that because we know that these accusations are very different from any other kind of accusation:

• It’s not like you’ve been accused of DUI — a lot of people get DUIs.
• Most people know somebody who’s been through the criminal justice system on a simple possession of marijuana charge.
• Even a domestic violence charge, where someone got into a scuffle at home.

These cases are very, very different. And you have to go somewhere where they understand the nuances of what’s going on in sex crimes litigation.

Every district attorney’s office has lawyers that are skilled and trained to prosecute sex crimes, specifically.

In Oklahoma County they have an entire division of their district attorney’s office dedicated to what they call the Special Victims Unit. We know that society looks at these cases differently (especially thanks to shows like Law & Order).

And it’s true — these cases are different from other cases. That’s why you have to interview the lawyers to find out in a position to trust them to take your life and your family’s life future in their hands.

Next step: honesty

Once you find that criminal defense lawyer, and you’ve hired them, the most important advice I can give to you is that you must be brutally honest.

Many times we want to defend ourselves, or withhold information because we think it makes us look bad. We don’t want to acknowledge our own wrongdoings.But it’s important when you sit down with me, and I ask you, “What happened?” that your honesty is unmatched to anywhere else you’ve ever been.

And I know that kind of goes against most of what we’ve learned. Most of the time defense lawyers tell you to shut your mouth. “We don’t want to hear the details. The details will make it harder for us to defend you.”

In sex crimes cases, the devil is in the details. The only way you will be freed from these allegations, and not have the stigma riding with you for the rest of your life, is if you are brutally honest with me.

It’s important because it’s the only way I have to defend you. If we start building a defense based upon on a lack of truthfulness, or not having the whole story, that can really blow up in our face quicker in a sex crimes case than anywhere else.

Remembering that the confidentiality that you have with an attorney is sacred. We’ve engaged in an oath to the Oklahoma Bar Association that says if we violate that confidentiality, they can take away my license to practice law.

I will not ever violate that privilege. Any information that is shared within this office can only be repeated with your permission.

So, you will be instrumental in building your own defense. Therefore, we have to start out this process open, and honest, and with a free-line of communication. It’s the only way that we can really help you.

Holding back from me is only going to hurt you in the future.

To review…

So, the first thing you have to know is stop talking. Do not engage in any interview with anyone that is asking you questions that sound like you’re being investigated.

You ask whoever’s asking you, “Am I a suspect? Am I free to leave?” And if the answer is, “You’re free to leave,” then you kindly thank them for their time, and you exit the room.

Many people believe that only guilty people ask to talk to a lawyer. This is what the cops want you to believe because they don’t want you to ask for a lawyer.

The first thing I will do as your attorney is stop the interrogation. No further questions of my client. And if you’re not under arrest, we’re leaving – you’re walking out with me.

If and when we decide it is in your best interest to engage in an interview with law enforcement, or DHS, or anyone else, we will record that interview ourselves so that we cannot ever be faced with your words being taken out of context or being presented to a jury of your peers, twisted and misunderstood.

You have to give us the opportunity to make the decision to engage with law enforcement together. It is a strategic decision, and it must be made with the advice of counsel.

These cases are different than any other cases because law enforcement and those involved in the investigatory process are trained to believe the accuser.

The accuser will be forced to tell their story over and over and over again, but not once will they ever be challenged until they’re sitting in a courtroom being cross-examined. Law enforcement won’t start picking apart the accuser’s stories, but they will do that to you. They are trained to believe the accuser at all costs.

And if they start their investigation believing that you are guilty, then nothing you say can get you out of that presumption.

You have to leave it to the professionals to do that for you.

Contact Jacqui Ford Law Firm

I cannot stress enough how important it is that you exercise your Fifth Amendment right to remain silent until you’ve engaged with a qualified Oklahoma City sex crimes defense lawyer.

That is the only way you can protect yourself, and the best way to have a chance of ever walking away from this situation a free person. Contact Jacqui Ford Law Firm today to see how we can help.

Several teachers from local school districts in the Oklahoma City metropolitan area have been charged with sex crimes for having inappropriate relationships with their students.

Of course, it’s easy to find outrage at our teachers for engaging in that type of activity with our students.

But when we look closely at the law, what we realize is it can be a rather confusing situation for both the teacher and the student.

This blog post originally comes from a conversation on our Your Best Defense blog. To listen to the original podcast, click here.

What does the law say?

A number of times we see these students who are 16, 17, or 18-years-old who are otherwise legally able to consent. They believe that they are following the law when they’re engaging in activities with their teacher. They think that they have the legal, lawful authority to consent.

And, sometimes, even by the government’s account, the children, if you will in these cases, the 16, 17, and 18-years-olds are the ones pursuing the sexual activity.

Not to make excuses for what’s appropriate and inappropriate, but the law says that a 16, and 17, and 18-year-old can, in fact, consent to sexual intercourse in certain situations. What they don’t understand, and what many people don’t understand, is that there are special circumstances for teachers.

There is a statute, separate and distinct from all of the other rape cases, that defines having sex with a student, or an employee of a school. And what it says is that NO student can consent to sexual intercourse with a teacher.

But why is that so? If the teacher and the teenager are both consenting adults (for the purposes of this conversation) and can consent to a consensual sexual act. Why can they two of them not do it together?

Well, it’s not just because it makes us feel icky.

The idea is that the teacher is in an authoritative position over the student. Whether they are actually in an authoritative position over the student, or they can be perceived by the student to be in an authoritative position. And that’s why the legislature has carved out this special set of circumstances.

It doesn’t always shake out to be fair because people are unaware of this law, and it’s only found in one little, tiny paragraph in a very complicated statute in Oklahoma laws.

But because the teacher maintains an authoritative position over the student, the law just says under zero circumstances is this type of relationship okay.

How do people feel about this law?

People in the community have different, varying opinions on this.

The fact of the matter is that we all owe a duty to each other, and to our children, to talk to them about what the law is.

We have a duty to make sure that they know how the law will view these actions, even if they think it is fun and exciting and meaningful because they’re not being “forced” to do it by their teacher in an authoritative position, or because they’re not being coerced, or threatened, or bribed, or promised good grades.

Because in these cases the student, oftentimes, is not only a victim of the crime charged. The student becomes the victim of the media.

What can happen to the student?

Especially when we’re dealing with young men, the damage to the teacher being charged is as great upon the child, as it is to the teacher. The child now has a reputation in the community of whatever the community wants to accuse him of. But he’s oftentimes not brought back in and coddled and taken care of because he’s no longer considered a child, but he’s also not considered a victim of a rape in the more traditional sense of the term.

Oftentimes, he’s embarrassed. Oftentimes, it prohibits him from being able to continue school in that school because he cannot stand to go back and face his peers. Oftentimes, the only way the story gets out is because the student is bragging about it to their friends.

And we also know, in those situations, if we’re dealing with teenage boys talking about sex, that those stories oftentimes get drastically exaggerated and embellished, especially in a locker-room setting where they’re bragging and talking about how much action they got the night before.

So, this young man, who, for all intents and purposes, just got to put a new notch in his belt, is now drug through the mud as some child-victim of rape. And having that label placed upon them is as damaging to them in their future as having the label of rapist be placed on the teacher.

It’s probably time for the laws to change, but it’s not likely to happen here in Oklahoma. So, we have to understand where the law is, and we need to inform our kids so as to not find ourselves in this position.

If you’re a student engaged in that kind of activity, I would encourage you to keep it to yourself if this is not something that you want to be made public and to be drug into court to talk about it and testify about it.

If you’re a teacher engaged in this type of activity with a student I suggest that you stop it right now. Because the damage to your relationship and the damage to your career is greater than you can ever imagine. And the results of how this is going to shake out just can’t be measured.

What are the consequences?

If we’re dealing with student on teacher sexual assault, or rape, as it’s defined in Oklahoma, it carries a mandatory minimum of one year, and a maximum of 15 years in the Department of Corrections.

That teacher will be required to register as a sex offender for the rest of their life, which not only means they’re going to never teach again, but they’re likely not going to be able to live in the metropolitan-area because of sex offender registration laws, and restrictions on where folks can live.

The idea of a child being the aggressor in these situations has some appeal for a jury because I think jurors understand day-to-day activities and real life way better than legislators ever could. But it is not a legal defense.

And it’s important for us to recognize the difference between legal defenses and arguments made to a jury. To run the risk of taking a case like this to jury trial carries with it a huge burden when the teacher is facing 15 years in the Department of Corrections.

Prosecutors in this state have no interest in making deals with teachers because our prosecutors are elected officials. And as soon as they don’t charge you, or make a deal where you’re not a convicted felon, or don’t require you to register, that will be the first ad against them in their next election. It’s going to draw opponents. And, unfortunately, elected positions make decisions based upon their future electability, and not what’s right and wrong.

In the same vein, our legislators continue to make laws that don’t make any sense, and aren’t designed to protect anybody. And they’re not going to loosen up the ties on these laws, so we owe it to each other, and to our kids, to inform them.

So, what if you’re a teacher, or you’re a student, and you find yourself in this situation?

Is this all doom and gloom and everything’s awful, and we should just pack up our bags and go to prison for the rest of our lives? No. The most important thing you need to do if you’re involved in this situation now if it’s been disclosed or has come out publicly is to contact an experienced sex crimes defense lawyer that knows how to handle the cases from the get-go.

It’s a terrible idea to give a statement to law enforcement without the sound advice of an experienced criminal defense lawyer. But worse than that is to go out publicly and answer questions with the media.

It’s important to note that this doesn’t apply just to teachers. It applies to any adult employee of a school district, including the principals, or a counselor, or a coach, anyone who’s employed by the school district is deemed to have an authoritative position over the children.

Contact Jacqui Ford Law

So, we would encourage you, if you have any questions about rape, or sex crimes, in Oklahoma City, or sex crimes involving children, specifically with regards to teachers and students, and other employees of a school district, please contact us to advise you and represent you in the future.