Being accused of a sex crime can be one of the most terrifying and overwhelming experiences of your life. Your reputation, freedom, and future are at stake, and it may feel like the world is turning against you.
At Jacqui Ford Law, we pride ourselves on defending individuals accused of serious crimes, including sex crimes, in Oklahoma. With years of experience and a reputation for providing thoughtful, thorough legal representation, our attorneys understand the stakes involved in defending clients against allegations of rape and other sex offenses. We are committed to protecting your rights and ensuring you receive a fair trial.
Our team brings skill, dedication, and compassion to every case, and we’ll work tirelessly to defend you.
Defending Sex Crimes in Oklahoma
If you’ve been accused of rape, most people think you only have one of two defenses:
- “It wasn’t me.”
- “It wasn’t rape.”
Quite frankly, these defenses don’t quite work the way you think they will. Below, we’ll discuss what the real defenses might look like in practice and how Oklahoma law handles these cases.
Defense #1: “It Wasn’t Me”
With the technological advances that we have, the “it wasn’t me” defense is almost obsolete.
- Technological Advancements: Law enforcement has the ability to identify the offender better now than they ever could before.
- Rarely a Stranger: It’s also very uncommon that rape allegations come from a “stranger.”
- Often Someone Close: More times than you would imagine, these allegations come from someone that you were affiliated with socially or friends or family.
Because of these factors, the “It wasn’t me” defense is often less effective, and these cases typically don’t go to trial unless DNA evidence is involved.
Defense #2: “I’m Falsely Accused”
Most often, the defense in sex crime cases is that the defendant has been falsely accused. But how do you defend yourself when facing such allegations?
- Private Allegations: The problem with these cases is that the allegation tends to be something that takes place in private.
- Difficult to Prove: Prosecutors often preach to jurors that it’s hard for them to prove these cases because rape is a private act that happens in the dark corners of society.
- The “He Said/She Said” Scenario: What if you’re falsely accused of rape? Although rape has often been described as one of the most underreported crimes, I’m here to tell you it is one of the most falsely reported crimes.
- Difficult Defense: It’s incredibly hard to defend because we’re dealing with a “he said/she said” scenario.
Most of the time, even in false allegations, the accuser isn’t saying this happened in a room full of people with a bunch of witnesses. So, now it’s just a matter of what the accuser said versus what you can prove. And this causes a lot of problems in defending these cases.
What Are Your Rights as an Accused?
When defending a client accused of a sex crime, there are several critical strategies to consider, particularly in terms of how the case is presented to the jury.
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Keeping You Off the Stand
Defendants have the right to remain silent and are not compelled to testify in their own defense. In most cases, it’s best to avoid having the defendant take the stand. Testifying can be uncomfortable and risky, as cross-examination can be harsh and damaging. The goal is to protect the defendant from the dangers of sitting in the witness chair unless absolutely necessary.
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Defending Your Innocence
In theory, the legal system presumes innocence until proven guilty. However, in practice, this is often not the case, especially in sex crime defenses. Accusations of rape or sexual abuse put defendants at a disadvantage, as people are generally less likely to give them the benefit of the doubt.
Sex is a particularly sensitive and taboo subject, especially in Oklahoma, where discussing such matters openly is difficult. Lawyers often struggle to address these topics with jurors, but it is necessary when defending someone accused of a sex crime.
Though the law does not require defendants to prove their innocence, the reality is that they often face a heavy burden. The defense must present evidence that challenges the credibility of the accuser and persuades the jury to doubt their version of events.
What is NOT Considered a Defense to Rape in Oklahoma?
Strict liability implies that if the person who engaged with the accused is under the age of consent (18), consent is not a defense. There are situations where certain defenses are not applicable in Oklahoma law, including:
- Sex with a Minor: In a situation where you’re engaged in sexual activity with a minor who has not reached the age of consent, consent is not a defense.
- Child Pornography: If you possess any material involving a person under 18, be it photographs, audio, video, or still photos, it is considered child pornography. Ignorance is not a defense.
Ignorance can mitigate the damages and can be used to negotiate a plea deal for you. However, it is not enough to get you acquitted in front of a judge or jury.
What Are the Most Common Motives Behind False Sex Crime Allegations?
False allegations often come with an underlying motive. A sex crime lawyer can help you uncover the truth behind the accusation and build a defense strategy accordingly.
Below are some of the most common motives behind being accused of sex crime:
1. Consent Gone Wrong
If the person isn’t old enough, consent doesn’t matter. This applies to strict liability crimes like rape in the second degree. Additionally, “buyer’s remorse” can lead to false accusations, often influenced by alcohol, regret, or wanting to protect their reputation.
2. The Scorned Partner
If someone thinks that it’s more than what you think it is, and you reject them, they might have a desire to teach you a lesson.
3. The Unpaid Prostitute
If a prostitute is not paid for services, they may falsely accuse the client of rape to retaliate. When the agreement isn’t honored, the prostitute might report the client to their pimp or manager, leading to false accusations.
4. Divorce and Custody Disputes
False allegations are sometimes made during divorce or custody battles, where one parent may coach a child to accuse the other parent to gain leverage in the case.
It’s important to approach sexual encounters with respect. False accusations often stem from hurt, so treating your partner with respect is crucial to avoid misunderstandings or malicious claims. Working with a sex crime lawyer in Oklahoma can have a significant impact on the outcome of your career.
Contact Us at Jacqui Ford Law Today for Reliable Sex Crime Defense
Honesty is crucial when discussing sensitive matters with your defense lawyer. Full transparency will allow us to understand the situation and build a strong case. This process requires time, effort, and thorough investigation, but it is not hopeless.
The key to achieving this outcome is hiring a skilled Oklahoma sex crimes defense attorney. With Jacqui Ford Law, you can trust that your case is in capable hands and there is still hope for a positive resolution.
Contact us today to discuss how we can help protect your future.
Frequently Asked Questions About Defending Sex Crimes in Oklahoma
1. What are the defenses to sex crime charges in Oklahoma?
The most effective defenses include consent in cases involving adult complainants, challenging the identity of the perpetrator, challenging physical or DNA evidence, presenting evidence of false allegations, and keeping you off the witness stand while attacking the prosecution’s case. The right defense depends entirely on the specific facts of your case. Our sex crimes defense team builds every defense around what the evidence actually shows.
2. Can you defend against a sex crime charge if the only evidence is the complainant’s word?
Yes. Many sex crime cases in Oklahoma come down to one person’s account against another’s with no physical evidence. The prosecution still has to prove guilt beyond a reasonable doubt, and your attorney can challenge the credibility of the complainant, expose inconsistencies in their account, uncover their motive for making the accusation, and present evidence that contradicts their version of events. Contact Jacqui Ford Law to discuss what a defense looks like in your specific situation.
3. Is consent a defense to rape in Oklahoma?
It is not a defense when the complainant is under 18, the current age of consent in Oklahoma, except in the very limited Romeo and Juliet circumstances where both parties are 16 or older and the age difference is four years or less. Outside that narrow exception, Oklahoma law imposes strict liability for sexual contact with minors. The prosecution only has to prove the contact occurred and that the person was underage.
4. What happens if you are convicted of a sex crime in Oklahoma?
A conviction results in a prison sentence, a permanent felony record, and, in most cases, mandatory registration as a sex offender under 57 O.S. § 581. Depending on the offense, registration can last 15 years, 25 years, or life. A conviction also affects where you can live and work for the rest of your life.
5. What should you do immediately if you are accused of a sex crime in Oklahoma?
Do not speak to law enforcement without an attorney present. Do not contact the alleged victim or any witnesses. Do not delete anything from your phone or devices. Write down everything you remember about the situation while it is still fresh. The decisions you make in the first hours after an accusation can significantly affect your options. Jacqui Ford and D. Alex Palmer are available for free and confidential consultations.
6. Can sex crime charges be dropped before trial in Oklahoma?
In some cases, yes. If your attorney can present evidence during the investigation stage that undermines the accusation, challenges the complainant’s credibility, or demonstrates that the prosecution cannot meet its burden of proof, charges may be reduced or not filed at all.
7. Can a false sex crime accusation be proven in court?
Yes, and it happens more than most people realize. Defense attorneys investigate the complainant’s credibility, timeline inconsistencies, communications history, and underlying motives for making the accusation. See the results Jacqui Ford Law has achieved for clients who were falsely accused and needed someone in their corner who was willing to fight for the truth.
