Marriage is not a contract that allows a spouse to have sex whenever they want.
Both parties must fully consent to the act without forceful coercion.
Oklahoma spousal rape laws protect individuals from unwanted sexual advances or abusive situations involving sex. Spousal rape is a criminal offense in Oklahoma that could lead an individual to seek an attorney.
The state laws clearly outline the difference between rape and spousal rape. By outlining spousal rape, the laws make it clear that marriage is not a contract for sex whenever a spouse wants.
Let’s take a look at some common questions associated with spousal rape laws in Oklahoma.
What is spousal rape in Oklahoma?
Oklahoma law clearly outlines spousal rape in 21 O.S. § 1111(b):
“Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.”
Breaking down what this law says, the key here is that there cannot be any sort of force or violence to influence a spouse and force them into having sex. Both parties must decide to engage in sex of their own free will.
Furthermore, a spouse cannot trick their husband or wife into believing they are having sex with the spouse when in reality they are engaging in intercourse with another individual. This can be considered spousal rape even if the deceitful spouse does not use violence or force.
It’s important to note, however, the law does not discuss the use of drugs or alcohol to influence a spouse’s decision to have sex.
What kind of charges can I face for spousal rape in Oklahoma?
Oklahoma laws take any form of rape very seriously.
Most rape charges are a second-degree felony. However, aggravating circumstances could lead to more serious charges. Individuals who are convicted of rape could face 1-15 years in prison.
Aggravated circumstances include intense violence. If convicted of rape under these circumstances, you’ll then face first-degree rape charges with a minimum prison sentence of five years.
But a rape conviction is about more than just prison time. A rape conviction can lead to reputation issues, job loss, a decrease in social status, and much more. Depending on the circumstances, you also might be required to register as a sex offender, which will further strain your life.
Therefore, individuals facing rape charges must hire an experienced criminal defense attorney with in-depth knowledge about rape cases. A conviction could have life-long consequences that you are powerless to overturn.
What are some criminal defense strategies for spousal rape accusations?
Spousal rape accusations are serious, and while on the surface they might appear unfounded, you need to be sure you protect yourself.
Do not underestimate your spouse or their legal team’s ability to prove their case. Hire a criminal defense attorney immediately to protect your reputation.
A common cause of false spousal rape accusations is a disgruntled spouse that is trying to get back at you. Additionally, law enforcement could charge you with spousal rape.
The most obvious criminal defense for spousal rape is that you did not use violence or force during intercourse. Your spouse’s legal team must prove such force or physical harm to win their case.
Another defense is that your interactions did not involve sexual intercourse. Some spousal rape cases are large misunderstandings where a third party misinterpreted interactions between spouses. Divorces or long-term spousal separations are a common time for spousal rape accusations.
Hire Jacqui Ford Law for help with your defense today
Jacqui Ford Law has in-depth knowledge and experience with spousal rape cases. We’ll build a criminal defense for you to avoid the severe consequences of a conviction. Contact us for a free consultation to protect your reputation and way of life.