Statutory rape is clearly defined in Oklahoma law as a strict liability crime.  However, is life the age of consent and the age of the offender is generally less clear.  For example, a teenager’s parents forbid her from seeing a boy she likes.  This boy is her boyfriend, but over he is 18.  She sneaks out and engages in sexual intercourse with the boy.  When her parents find out they file charges of statutory rape on the boy.  This is innately unfair that the boy suffer the entirety of the consequences in this situation when the girl was a willing partner.  If you or someone you love faces a situation like this, we are here to help.

Oklahoma Statutory Rape Law

Oklahoma does not define statutory rape explicitly.  It arises from 21 Okl.St.Ann. § 1111 & 1115 together.  First, this defines rape as penetration of another without consent.  This means if consent is not present and a sexual encounter occurs it is likely rape or some form of sexual assault.  Statutory rape though, adds an age factor.  It occurs when someone 18 years old or older engages in sexual acts with someone under the age of 16 years old.  Gender and sexual orientation are not factors.  Even if the under-age participant was consenting, the law does not consider this fact.

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Strict Liability of Statutory Rape

Strict Liability places the entire burden of the crime onto the person 18 years old or older.  Thus, the punishment is considered a strict liability crime because the under-age participant is not held responsible for the events.  In Oklahoma, this still applies regardless of whether the under-age participant lied or misrepresented their age.  Therefore, the “adult” in the situation bears sole responsibility and faces 1 to 15 years in prison.  If convicted they must also register as a sex offender.

Get In Touch With a Wagoner Criminal Defense Lawyer

The state may make no difference in consenting partners and rape when it comes to teenage relationships, but we understand young people often see it differently.  Our criminal defense attorneys have years of experience in criminal defense.  Statutory rape is a subject we don’t shy from defending.  Let us provide you with the best possible defense in order to ensure you receive a fair legal process with a just outcome.  Our first consultation is free call Kania Law Office – Wagoner Attorneys 918.283.7394