Rape is a serious offense with substantial legal repercussions. Nevertheless, rape is defined differently depending on the jurisdiction and the specifics of the case.
When the accused has previously had consensual sexual contact with the victim, Oklahoma’s rape laws can be complicated. In this blog, our Oklahoma City sex crime defense attorneys at Jacqui Ford Law will look at the legal ramifications of a rape case where the accused had previously engaged in consensual sexual contact with the victim.
What is Rape in Oklahoma?
In Oklahoma, rape is defined as the non-consensual sexual intercourse of a person through the use of force, fear, or intimidation.
This includes situations where a person is unable to give their consent, such as when they are unconscious, mentally incapacitated, or below the age of consent.
Can Someone Be Convicted of Rape If They Had Consensual Sex in the Past with the Victim?
The short answer is yes. A person can be convicted of rape even if they have engaged in consensual sexual activity with the victim in the past.
The key factor in determining whether a rape has taken place is whether the sexual contact was consensual at the time it occurred.
If the victim consented to the sexual activity in the past but did not consent at the time of the alleged rape, the accused can be convicted of rape. This is because consent must be given freely and voluntarily for each individual sexual encounter. Simply because two people have engaged in consensual sexual activity in the past does not mean that consent is automatically given for future sexual encounters.
What are the Penalties for Rape in Oklahoma?
The penalties for rape in Oklahoma are severe and can result in long-term consequences for the accused.
- Rape is considered a first-degree felony, which carries a minimum sentence of 5 years in prison and a maximum sentence of life in prison.
- Additionally, those convicted of rape may be required to register as sex offenders.
- Outside of traditional punishment, people convicted of rape often face other consequences, such as loss of employment and potential damage to relationships, whether personal or professional.
Can a Rape Charge be Defended in Court?
Yes, a rape charge can be defended in court.
The defense will typically focus on the issue of consent and whether the sexual contact was truly non-consensual. This may involve presenting evidence of the previous consensual sexual activity between the accused and the victim, as well as any other relevant circumstances, such as the presence of force, fear, or intimidation.
It is important to note that the burden of proof in a rape case is on the prosecution. The prosecution must prove beyond a reasonable doubt that the sexual contact was non-consensual and that the accused used force, fear, or intimidation to obtain it.
Contact Jacqui Ford Law for Experienced Defense
In Oklahoma, a person can be convicted of rape even if they have engaged in consensual sexual activity with the victim in the past. Consent must be given freely and voluntarily for each individual sexual encounter, and the burden of proof is on the prosecution to prove beyond a reasonable doubt that the sexual contact was non-consensual and obtained through duress.
If you are facing a rape charge in Oklahoma, it is important to seek the assistance of an experienced sex crime defense attorney who can help you understand the charges against you and defend your rights in court. An experienced, local attorney like the team at Jacqui Ford Law can help you present the strongest defense possible, giving you the best chance at preserving your freedom. Contact us today.
