In Oklahoma, confronting the aftermath of sexual assault demands not only courage but also a nuanced understanding of the legal avenues available to survivors. While the state’s legal landscape is renowned for its stringent laws, distinguishing between civil claims and criminal charges can be pivotal in seeking justice and closure.
At Jacqui Ford Law, we understand the complexities and sensitivities involved in such cases. Our team of experienced sex crime defense attorneys is here to support you every step of the way.
What is Sexual Assault?
According to 21 OK Stat § 112 (2022), the term “sexual assault” encompasses any form of sexual contact or behavior that transpires without explicit consent from the recipient. This includes, but is not limited to:
- Forced sexual intercourse
- Forcible sodomy
- Child molestation
- Child sexual abuse
- Incest
- Fondling
- Any attempts to commit the acts mentioned above
Obtaining legal counsel from an experienced criminal defense attorney in Oklahoma, such as Jacqui Ford, is vital for navigating intricate legal procedures following a sexual assault charge effectively.
Types of Sexual Assault Crimes in Oklahoma by Definition
Here are the different types of sex crimes in Oklahoma:
- Rape
Defined as non-consensual sexual intercourse in Oklahoma, rape involves engaging in such acts without the other party’s consent, often through force, threats, or taking advantage of the victim’s incapacitation.
- Forcible Sodomy
In Oklahoma, engaging in non-consensual oral or anal sex, akin to rape, results in severe penalties.
- Sexual Battery
Sexual battery, involving non-consensual touching of intimate body parts, ranges from groping to penetration without consent.
- Aggravated Sexual Assault
Aggravated sexual assault, committed under specific aggravating circumstances like weapon use or inflicting serious bodily harm, leads to enhanced penalties in Oklahoma.
- Child Sexual Assault
Child sexual assault in Oklahoma encompasses various offenses against minors, including molestation, exploitation, and statutory rape.
In Oklahoma, sexual assault cases can lead to both civil claims and criminal charges. Understanding the differences between these two legal avenues is crucial for anyone affected by this type of crime.
What is a Civil Sexual Assault Claim?
A civil sexual assault claim is a legal action brought by the victim (plaintiff) against the alleged perpetrator (defendant) seeking compensation for damages caused by the assault. These damages could include:
- Medical expenses
- Therapy costs
- Lost wages
- Pain and suffering
- Emotional distress
Unlike criminal cases, where the state brings charges, civil claims are initiated by the victim or their legal representative.
What are Criminal Sexual Assault Charges?
Criminal sexual assault charges, on the other hand, are brought by the state against the alleged perpetrator.
The criminal charges aim to punish the offender for their actions and protect society from future harm. If convicted, the offender may face imprisonment, fines, probation, and registration as a sex offender.
Criminal vs. Civil Burden of Proof
One key difference between criminal and civil cases is the burden of proof. In criminal cases, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt” – a high standard designed to protect the accused.
On the other hand, civil cases use a “preponderance of the evidence” standard, meaning the plaintiff needs to show it’s more likely than not that the defendant is liable.
Criminal cases can result in jail time, fines, or even the death penalty in severe cases. Civil cases typically lead to monetary damages or court orders but do not involve imprisonment.
Criminal cases almost always require a judge’s decision. Civil cases can often be settled out of court between the involved parties.
Oklahoma’s Statute of Limitations for Sex Crimes
In Oklahoma, the statute of limitations for sex crimes varies depending on the severity of the offense. Below is an outline of the statute of limitations for some common sex crimes:
- First-degree rape and sexual assault: There is no statute of limitations allowing charges to be filed at any time. For second-degree rape and sexual assault, the statute of limitations is 12 years from the date of the alleged offense.
- Child sexual abuse: The statute of limitations depends on the victim’s age at the time of the offense. If the victim was under 18, it’s 12 years from their 18th birthday or within seven years of DNA evidence discovery. If the victim was under 16, there’s no statute of limitations.
- Sodomy: First-degree sodomy has no statute of limitations. Second-degree sodomy’s statute of limitations is 12 years from the alleged offense date.
- Indecent exposure: The statute of limitations for indecent exposure is three years from the date of the alleged offense.
It’s crucial for individuals involved in a sexual assault case in Oklahoma to grasp the distinctions between civil sexual assault claims and criminal charges.
Civil claims pursue compensation for damages, whereas criminal charges focus on punishing the offender and safeguarding society. A criminal defense lawyer will work alongside you to provide you with the best possible defense strategies for your case.
Jacqui Ford Law Sex Crime Defense Attorneys Are Here to Help
Navigating a situation involving allegations of sexual assault can be overwhelming and emotionally taxing.
If you’re facing these challenging circumstances, know that you’re not alone. We’re dedicated to providing compassionate guidance and robust legal representation tailored to your unique situation.
Contact us today to schedule a confidential consultation. Together, we’ll work towards a resolution that protects your rights and seeks the best possible outcome for your case.
