Sexual Assault

Sexual Assault is a blanket term for many sex crimes including rape, sexual battery, and Internet sex crimes. Each type of sexual assault has different elements and brings different levels of punishment. Sexual assaults ruin lives; so, too, can a false accusation of sexual assault.

What is Rape?

Rape is defined as forced sexual penetration upon someone against his or her will. If consent is obtained by threats of physical harm, if the victim is mentally challenged, or if the victim is unable to consent because he or she is under the influence of drugs or alcohol, then the perpetrator may be accused of rape. Furthermore, penetration without consent that is not sexual intercourse is considered rape by instrumentation.

Statutory rape or second-degree rape in Oklahoma involves an adult over the age of 18 engaging in sexual intercourse with someone who is under 16 years old. The age of consent in Oklahoma is 18; therefore, the consent of the minor involved does not matter. If both parties are under 18, statutory rape occurs if one person is 13 or younger.

Sexual Battery

Another felonious sexual offense is sexual battery, which is defined as the intentional touching, mauling or feeling of a body party—including private parts—in a lewd and lascivious manner and without consent.

Punishment for Sex Crimes in Oklahoma

The punishment for sexual assault is as follows:
• First Degree Rape: five years to life in prison
• Second Degree Rape: one year to 15 years in prison
• Sexual Battery: Up to 10 years in prison

Sex crimes against children carry particularly harsh punishments:
• Sex with a child under the age of 16: three years to life in prison
• Sex with a child under 12 years old: 25 years to life in prison
• Solicitation of a child on the Internet: Up to 10 years in prison