When Does Consensual Sex Become Rape in Oklahoma?

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It’s important to understand what constitutes rape in Oklahoma, to ensure that you don’t end up being wrongly accused of such a crime. It’s also important to understand that even if the sexual act was consensual initially, it can still be considered rape if certain circumstances arise.

Understanding the Legal Definition of Rape in Oklahoma

In Oklahoma, rape is the act of having sex with someone without their will. This can be done by using force, threats, or other coercive measures. Despite having been first provided, consent can be revoked at any point in the course of a sexual act. Accordingly, if one partner changes their mind and decides not to engage in the sexual act, the other party must cease right once or risk being accused of rape.

Understanding Oklahoma’s definition of rape is crucial if you want to avoid being falsely accused of the crime. It’s also crucial to realize that, even if a sexual act was performed with consent at first, it can still qualify as rape in some situations.

The Gray Area of Consensual Sex Becoming Rape

While the definition of rape in Oklahoma may seem straightforward, there are certain scenarios where the line between consensual sex and rape can become blurred. For example, if a person is under the influence of drugs or alcohol and unable to give their consent, any sexual act with that person would be considered rape. Additionally, if a person has a mental disability that impairs their ability to give consent, any sexual act with that person would also be considered rape.

Another scenario where consensual sex can become rape is if one party engages in sexual acts with the other party under false pretenses. For example, if someone pretends to be someone else to gain the other person’s trust and engages in sexual acts, this would be considered rape.

The Devastating Consequences of Rape Convictions in Oklahoma

In Oklahoma, a rape conviction can have drastic ramifications. Those found guilty of rape must register as sex offenders, which can severely restrict their options for work, housing, and even intimate relationships. Rape convictions can carry significant penalties and jail terms.

A rape conviction would also have a lifetime stigma attached to it, which might make the accused and their loved ones feel ashamed and embarrassed. Understanding the seriousness of the ramifications of a rape conviction is crucial, as is seeking legal counsel to defend oneself against unfounded accusations and safeguard one’s liberties and rights.

Defend Your Future with Jacqui Ford Law

At Jacqui Ford Law, we understand the gravity of rape charges and the impact they can have on your life. Our experienced and compassionate criminal defense team is dedicated to providing the aggressive and effective representation you need to protect your rights and your future. We know the ins and outs of the criminal justice system in Oklahoma and will use our expertise to fight for the best possible outcome in your case.

Understanding the circumstances in which consensual sex can turn into rape in Oklahoma is crucial since the line between the two can be blurry. You can safeguard yourself from false rape allegations and make sure that your rights and future are protected by being aware of these conditions and enlisting the aid of a knowledgeable and experienced criminal defense attorney, such as Jacqui Ford Law.

Don’t wait until it’s too late; contact Jacqui Ford Law today for a confidential and no-obligation consultation. Our team is ready and willing to help, so take the first step toward protecting your future now!

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

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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.

What To Do If You Have Been Falsely Accused Of Rape In Oklahoma

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Rape is no light matter, but false rape accusations are unfortunately more common than you might think. 

These false cases are particularly common in sexual assault cases involving minors, who may have been manipulated by an adult into thinking they experienced sexual violence.

If you have experienced false rape accusations in Oklahoma, you must waste no time in setting up a defense for yourself. At Jacqui Ford Law, our Oklahoma City-based criminal defense attorneys are ready to work with you for justice after being falsely accused of rape.

Why Do I Need A Criminal Defense Attorney for a Rape Case?

Oklahoma law defines rape as an act of sexual intercourse under any of the following circumstances:

  • The victim is less than 16 years old
  • The victim is incapable of giving legal consent 
  • Force or violence is used 
  • The victim is unconscious
  • The victim engages in sexual intercourse with an employee of a government organization that exercises control over the victim
  • The victim is a student and engages in sexual intercourse with an offender who is an employee of the same school system

According to Oklahoma law, rape can also occur between spouses. 

When somebody has falsely accused you of rape in Oklahoma, your first action must be to consult a trusted defense attorney to help build your defense case. 

Rape cases are a serious matter, and you will need an experienced team of defense attorneys at your back to fight these allegations and ensure you don’t face consequences for something you didn’t do.

If convicted of rape in the first degree, you could face imprisonment, life without parole, or even the death penalty. Second-degree rape is also a felony punishable by imprisonment for between one and 15 years.

At Jacqui Ford Law, we have the necessary experience to keep you from facing the severe repercussions of false rape allegations. Do not hesitate to schedule a free consultation today.

Trust The Truth

The Oklahoma court treats sex crime cases with the gravity they deserve – and this includes a false rape charge, as a judge will want to be as thorough as possible in any rape case.

Ultimately, you must trust that the truth will come out. In many false rape accusations, the court will drop a case due to a lack of evidence, but in some cases, it may go to trial.

In these scenarios, you must not lose hope. Your defense team will work to prove your innocence, but it may take some time. Remember that each case must be beyond a reasonable doubt.

Exercise Your Right To Remain Silent

If you are arrested on false rape charges, you must exercise your right to remain silent. 

This right is a vital part of the justice system, and even if you want to inform the arresting officers of your innocence by recounting events, they can try to twist your words to suit them in court.

Additionally, it’s not a good idea to try to contact the person who accused you of rape, or anyone in their social circle. Even if you just want to discuss what happened, this can lead to serious problems for your case.

In any case, but especially cases as serious as a false rape accusation, remember to keep silent and demand to speak to your lawyer.

Consider Filing A Civil Lawsuit

After your false rape accusation case is settled, you may want to file a civil suit against whoever falsely accused you. This lawsuit can recoup financial costs for damages to your life, relationships, and career.

If you wish to file a civil suit, you must wait until after the legal matter of your rape charge is settled; under Oklahoma law, you cannot file a civil suit for a case until the case has concluded.

With a victory, the court may require your accuser to pay you a sum for the distress that they have caused.

Contact Jacqui Ford Law Today

There are many reasons somebody may make a false rape allegation, but no matter what they claim, Jacqui Ford Law is ready to help you clear your name and prove your innocence beyond a reasonable doubt.

To help build your defense against these serious allegations, schedule a free consultation with us today.

Oklahoma woman accuses ex-boyfriend of rape

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On behalf of Jacquelyn Ford Law, P.C. posted in Sexual Assault on Wednesday, August 5, 2015.

A woman and her boyfriend stopped seeing each other. On a recent Saturday, however, the woman decided that she wanted to talk to him about making another go of their relationship. The next day, she accused her ex-boyfriend — the Oklahoma man with whom she wanted to get back together — of rape.

According to the story that she told police, she went to his house in the hopes of rekindling their relationship. When she went in, they embraced. She claims that he refused to let her go and raped her. She also alleges that he then forced her to remain at his residence overnight.

She and her daughter made a complaint to police the next morning. Apparently, the woman does not speak English very well, so she needed her daughter’s help. Records indicated that her ex-boyfriend’s bail was set at $77,000. At last report, he remained incarcerated at the Oklahoma County Jail.

It may take more evidence than just the woman’s statement since, in cases such as this, it could come down to a case of “he said-she said” in court. The accused man is entitled to confront his accuser in court. He also has the right to examine and refute any other evidence prosecutors intend to present in court.

It takes more than being accused of a crime to be convicted of it. In addition, as would be the case with anyone else, this man is entitled to be presumed innocent. If prosecutors are unable to prove to the court beyond a reasonable doubt that any sexual activity between the two parties was rape, the man must be either released or acquitted.

Source: newsok.com, “Oklahoma City police arrest suspect in rape”, July 27, 2015

Related Posts: Man changes plea in child rape case, gets life in prison, Man facing two counts of rape takes plea deal, Oklahoma man faces numerous charges including rape, 4 Oklahoma teens arrested for rape of 15-year-old girl

Man changes plea in child rape case, gets life in prison

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On behalf of Jacquelyn Ford Law, P.C. posted in Sexual Assault on Thursday, July 2, 2015.

Anyone accused of a crime is entitled to plead not guilty since there is a legal presumption that an individual is innocent until or unless proved guilty. That does not mean, however, that the individual will not be incarcerated while awaiting trial. This was the case for an Oklahoma man accused of child rape.

Court documents reveal that the incident occurred on May 17, 2014, just after midnight. A mother was awakened by disturbing sounds coming from her 5-year-old daughter’s room. When she went into her room, she discovered a man raping her daughter. The mother managed to get the man off her daughter, but he managed to escape through the window.

The next day, the Oklahoma man’s family and friends contacted police when they saw reports of the rape on the news. Police took him into custody, and he initially pleaded not guilty to the charges. While incarcerated, he wrote letters in which he ultimately admitted to the crime and even provided details regarding its commission.

After the letters were discovered, he changed his plea to guilty. His change of plea and the letters most likely bolstered the decision to sentence the man to life in prison. He will not have the possibility of being paroled during his lifetime.

Just because charges have been filed, that does not necessarily mean that the person accused of the crime is not still under observation by law enforcement officials. In this case, the letters regarding the rape were written after he was arrested and put in jail. His confession may have convinced him and his criminal defense counsel that it would be in his best interests to change his plea.

Source: news9.com, “Sex Offender Sentenced To Life For Raping 5-Year-Old Tulsa Girl“, Richard Clark, June 25, 2015

Related Posts: Man facing two counts of rape takes plea deal, Oklahoma man faces numerous charges including rape, 4 Oklahoma teens arrested for rape of 15-year-old girl, Oklahoma teen accuses man of rape and kidnapping

Man Facing Two Counts of Rape Takes Plea Deal

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On behalf of Jacquelyn Ford Law, P.C. posted in Sexual Assault on Tuesday, May 26, 2015.

In Dec. 2014, an Oklahoma man was arrested for sexually assaulting a 16-year-old girl. He was ultimately charged with rape of an unconscious victim in the first-degree (two counts). Recently, he took a plea deal in which he entered a plea of no contest to the charges and was sentenced to 10 years in prison. However, as part of the plea bargain, eight years of his sentence will be suspended and he will be required to register as a sex offender upon his release from prison.

Court documents indicate that the teenage girl was drunk on the night in question, and the man offered her a ride home. At some point, he stopped the truck and had sex with the girl. She claimed not to remember much, if anything, about the incident. Sometime thereafter, she received a video of the encounter, which was circulating around social media sites.

Reports indicate that the man who gave her the ride also made the recording. When police questioned him, the former Norman High School student admitted to having sex with the teenage girl even though she was intoxicated. A recording of a conversation between him and another person again indicates that he knew she was drunk at the time.

Being charged with rape comes with serious penalties. Had the Oklahoma man not agreed to the plea deal, he could have ended up incarcerated for a longer period of time. In some cases, the evidence is so overwhelming that it is not in the accused individual’s best interests to go to trial.

Source: news9.com, “Former Norman HS Student Pleads ‘No Contest’ To Rape Charges“, Adrianna Iwasinski, May 18, 2015

Related Posts: Oklahoma man faces numerous charges including rape, 4 Oklahoma teens arrested for rape of 15-year-old girl, Oklahoma teen accuses man of rape and kidnapping

Oklahoma man faces numerous charges including rape

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On behalf of Jacquelyn Ford Law, P.C. posted in Sexual Assault on Thursday, April 16, 2015.

At least two women have come forward to accuse an Oklahoma man of holding them captive for months and sexually assaulting them. The women claim that they failed to come forward at the time the incidents occurred because they were afraid of him. Now, their alleged captor and abuser is facing numerous charges, including kidnapping, assault and battery, and rape, among other crimes.

Both women claim that the man maintained control of them by threatening their lives and the lives of their families. One of them claims she was allowed to go to work, but always had to return. She claims she put up with the abuse out of fear until a co-worker let her move in with him. Supposedly, the man held her for more than a year.

The other woman claims her alleged captor got her pregnant, but she managed to leave the home where she says she was kept captive before the birth of the child. She says that over the course of eight months, she was choked in addition to being sexually assaulted. This woman left once, but the Oklahoma man told her to come back with him, and she did — allegedly under duress.

Regardless of how heinous these women’s stories may be, the man accused of rape, kidnapping and other crimes is entitled to legal help and is still presumed innocent of the charges until guilt is proved. Prosecutors will be responsible for proving the veracity of the women’s stories beyond a reasonable doubt in court. If there is any doubt that the man is guilty of the charges, he cannot be convicted.

Source: kfor.com, “Women who claim they were held captive, raped by Oklahoma man talk about how they escaped“, Dallas Franklin, April 7, 2015

Related Posts: 4 Oklahoma teens arrested for rape of 15-year-old girl, Oklahoma teen accuses man of rape and kidnapping

4 Oklahoma teens arrested for rape of 15-year-old girl

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On behalf of Jacquelyn Ford Law, P.C. posted in Sexual Assault on Friday, March 6, 2015.

A 15-year-old Oklahoma girl voluntarily accompanied four teenage boys, who at the time ranged in age from 17 to 19, to an apartment. The events that allegedly took place once at the apartment led to accusations of rape against the four teenagers. Criminal complaints were issued against all four, and, at last report, three were in custody.

The teenage girl admits that she intended to have consensual intercourse with one of the teens. While she and the teen she considered to be her boyfriend were having sex, two of the other men entered the room. The alleged victim claims the three took turns raping her.

The fourth teen came into the room at some point and supposedly raped her as well. She also claims she was forced to perform oral sex on at least three of her alleged attackers. She admits that she never said no to any of the men, and she claims it was because she was shocked that her boyfriend failed to stop the others. She claims that she asked several times to be taken back to school.

Reportedly, three of the four are in police custody and face charges of rape in the second degree. The other man, who the girl considered to be her boyfriend, was not in custody at last report, but an arrest warrant was issued. Each of them is to be presumed innocent until and unless proved guilty in an Oklahoma court. Prosecutors will have to prove the veracity of the girl’s statements beyond a reasonable doubt, and each of the teens will have the opportunity to confront their accuser in court.

Source: news9.com, “Affidavit Reveals New Details In Westmoore HS Rape Investigation“, Feb. 20, 2015

Related Posts: Oklahoma teen accuses man of rape and kidnapping

Oklahoma teen accuses man of rape and kidnapping

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A 15-year-old teen ran away from home and stayed with friends for an unspecified amount of time. She was in north Oklahoma City at a fast-food restaurant during that time and met a man that she claims told her he was 19 years old. Now, after voluntarily going to his home, she has accused him of rape and kidnapping.

As it turns out, the man is 32 years old, not 19 as the girl claims she was told. She says that once she was in the house, he kept her there through threats of violence, attempted to have sex with her and would not let her use her phone. According to reports, the teen claims she woke up one night to discover the man was allegedly sexually assaulting her. Supposedly, she attempted to fight back, but to no avail.

After over a week, and one supposedly failed escape attempt, she called her family, who brought police with them to the apartment. Police arrested the man and took him to the Oklahoma County jail. His bail was set at $100,000 bond, and at last report, he remained incarcerated.

Rape and kidnapping are serious charges that carry weighty penalties. Even though he is presumed innocent until and unless his guilty is proved beyond a reasonable doubt, it is crucial that the accused man and his criminal defense team review the circumstances surrounding the teenager’s allegations and determine an appropriate course of action as soon as possible. If there is any measure of reasonable doubt that he is guilty of rape and/or kidnapping, no criminal conviction may be secured.

Source: newsok.com, “Man arrested after 15-year-old reports kidnapping, rape, Oklahoma City police say”, Dec. 16, 2014