Rape is a serious issue, but false rape accusations are unfortunately more common than you might think. These false cases sometimes occur in sexual assault cases involving minors, whom an adult may have manipulated 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 by hiring a reliable legal team. 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.
What Are Oklahoma Rape Laws?
According to Oklahoma law, rape is described in 21 O.S. § 1111 as sexual intercourse involving vaginal or anal penetration under specific circumstances, such as force, threats, deception, or when the victim is unable to legally consent due to factors like age, intoxication, mental illness, disability, or custodial status.
Various acts can fit into these categories of non-consensual sex, including:
- Forcible Rape
- Statutory Rape
- Date Rape
- Spousal Rape or Marital Rape
Another criminal charge often linked with rape cases is forcible sodomy, which typically involves forced oral sex or oral sex with someone who cannot legally consent. There are multiple statutes of limitation for sex crimes in Oklahoma, depending on the severity of the offense.
First-Degree Rape
First-degree rape, under Oklahoma law, encompasses a range of circumstances that intensify its gravity.
This includes instances where the perpetrator is over 18, and the victim is a minor or pertaining to sex crimes involving children, cases involving individuals mentally incapable of providing legal consent, or situations where rape is perpetrated against someone who is intoxicated to the point of incapacity.
Additionally, first-degree rape encompasses sexual assaults against unconscious victims, those carried out through force, violence, or the threat thereof, when coupled with apparent dominance over the victim. The penalties for first-degree rape are severe, considered a felony, carrying a sentence ranging from death, imprisonment for a minimum of five years, life imprisonment, or life without the possibility of bail or parole. However, parole eligibility requires the offender to serve at least 85% of the imposed sentence before being considered for release.
Second-Degree Rape
Second-degree rape encompasses all other forms of rape or rape by instrumentation if the victim is over 14 years old. Rape by instrumentation involves the use of fingers or any inanimate object (such as a bottle, gun, toy, vibrator, etc.) to penetrate the anus or vagina. Second-degree rape carries a penalty of imprisonment ranging from 1 to 15 years in Oklahoma.
Sex Offender Registration
Although there are notable distinctions between first-degree rape and second-degree rape, they carry the same weight concerning sex offender registration. Both forms of rape, regardless of degree, are categorized as Level 3 sex offenses, representing the highest risk level for sex crimes.
Following release from prison, individuals convicted of rape, whether first or second-degree, are obligated to register as sex offenders for life. This entails verifying their address every 90 days to ensure compliance with registration laws.
Why Do I Need A Criminal Defense Attorney for a Rape Case?
When somebody has falsely accused you of rape in Oklahoma, your first action must be to consult a trusted criminal defense attorney like Jacqui Ford 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 the consequences for something you didn’t do. At Jacqui Ford Law, we have the necessary experience to keep you from facing the severe repercussions of false rape allegations.
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 criminal 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
When arrested with 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 severe as a false rape accusation, remember to keep silent and demand to speak to your lawyer or obtain representation before being charged.
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 your life, relationships, and career damages. 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 in Oklahoma Today
If you’re facing an accusation of rape, it’s understandable to feel overwhelmed and isolated. There are many reasons somebody may make a false rape allegation. Still, no matter what they claim, Oklahoma-based criminal defense lawyer Jacqui Ford is ready to help you clear your name. We approach your case carefully, safeguarding your rights and striving for the best possible outcome.
To help build your defense against these serious allegations, schedule a free and confidential consultation with us today or call 405-604-3200 for immediate assistance.
