Claremore Lawyer BlogThe Elements of Rape Charges in Oklahoma

A Serious Crime in Oklahoma

Rape is a crime of violence in Oklahoma, and it changes lives.

We want to protect the our loves ones, and yet sometimes despite our best efforts, it happens to someone we know. It can change the life of the victim and the perpetrator. It is also a crime that inflames emotions.

When emotions run high, sometimes, the wrong person is charged. Law enforcement and courts treat rape seriously and punish it severely. If convicted of any rape charge, you could face significant jail time, and once you are released, you will be required register as a sex offender.

Rape Classifications In Oklahoma

Oklahoma classifies rape into three different categories:

  • In the first degree,
  • In the second degree,
  • And by instrumentation.

Basically, it is non-consensual sex, and is defined as an act of sexual intercourse involving either vaginal or anal penetration of a male or female who is not the spouse of the perpetrator, of either the same or the opposite sex. Okla. Stat. tit. 21 § 1111

Rape In The First Degree

First-degree rape is what we normally think about when we think about the crime, and includes rape in any of the following circumstances:

  • of a child younger than 14 years of age by a person aged 18 or older;
  • of a person incapable of granting consent;
  • the victim is given an intoxicant to force the victim to submit;
  • the perpetrator knows the victim is unconscious;
  • when it is accomplished through force, violence, or the threat of force or violence accompanied by the apparent power to make good on the threat;
  • by instrumentation resulting in great bodily harm to the victim; or
  • by instrumentation of a person aged 13 or younger. Okla. Stat. tit. 21 § 1114

All other rape is of the second degree. Okla. Stat. tit. 21 § 1114

Rape in the Second Degree

This is what we usually think of as statutory rape. This is not a violent crime. Here, the victim would like to give consent, but is not able to do so usually because he or she is underage, or there is another legal impediment to consent. In Oklahoma, the age of legal consent is 16.

Rape By Instrumentation

This crime is defined as an act in which any inanimate object or any part of the human body is used without the victim’s consent in the penetration of the anus or the vagina. Okla. Stat. tit. 21 § 1111.1

This can be the insertion of fingers or an instrument, or a sexual object. It is not intercourse. Even the slightest amount of penetration is sufficient to be charged. Okla. Stat. tit. 21 § 1113

It can be charged in the first degree if the victim is under the age of 14, or if the it results in great bodily harm. Otherwise, it is charged as rape in the second degree. Okla. Stat. tit. 21 § 1114


All rape is a felony in Oklahoma. In the first degree, rape carries a death penalty that is not currently enforced. As a result, if convicted, you could serve a jail sentence from five years to life. Okla. Stat. tit. 21 § 1115

Rape is also subject to the 85 percent rule. If convicted, you must serve 85 percent of your sentence before becoming eligible for parole.

In the second degree, it is punishable by a jail term of one to 15 years. Okla. Stat. tit. 21 § 1116

In addition, a rape conviction — whether in the first or second degree — means that once you are released, you will be considered a sex offender. As such, you must register as such with the sex offender registry. This can make it difficult to find housing and employment.

If you or a loved are facing charges for rape of any kind, it is imperative that you seek the help of an experienced criminal defense attorney in the Claremore area as soon as possible. This crime is treated seriously, and if you are convicted, you could spend years in jail.

Free Consultation With An Experienced Claremore Criminal Defense Attorney

If convicted, you could spend the rest of your life in jail. Do not speak to the police without the benefit of counsel present to protect your rights and your freedom. Call the Claremore Lawyer today. We are here and ready to help you.

And the initial consultation is free. Call us at (918) 213-0950.

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