Tulsa, Oklahoma laws regarding rape, especially the rape by instrumentation law, have changed recently. Under these changed laws, rape by instrumentation is a serious crime in Oklahoma. Rape by instrumentation is a type of rape.
In Oklahoma, rape is legally defined as an act of non-consensual 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
In Oklahoma, rape can be of the first or second degree. Rape by instrumentation is now rape of the first degree. First-degree rape is a felony.
Rape by Instrumentation Defined
Rape by instrumentation is defined as penetrating the anus or vagina of another with an inanimate object without that person’s consent. This is a crime that can occur between any two people, married or not. Okla. Stat. tit. 21 § 1111.1
This can be the insertion of one or more fingers, an instrument, or another object. It is not intercourse. Even the slightest amount of penetration is sufficient to be charged.
Rape by instrumentation can cause grave injury to the victim. Thus, it is vigorously prosecuted in Oklahoma. Okla. Stat. tit. 21 § 1113
What is First-Degree Rape?
First-degree rape in Oklahoma includes any of the following:
- the rape of a child younger than 14 years of age by a person aged 18 or older;
- the rape of a person incapable of granting legal consent;
- the victim is given an intoxicant to force him or her to submit;
- the perpetrator knows that the victim is unconscious at the time of the rape;
- rape accomplished through force, violence, or the threat of force or violence accompanied by the apparent power to make good on the threat; or
- rape by instrumentation, regardless of the age of the victim or perpetrator.
Okla. Stat. tit. 21 § 1114
Penalties for Rape by Instrumentation are Severe
Rape in the first degree is a felony punishable by death or imprisonment for a term of not less than five years. A sentence of life or life without parole is also a possibility.
The sentencing guidelines allow a judge broad discretion depending on the circumstances of the crime.
Rape is also subject to the 85% rule. If convicted, you must serve 85% of your sentence before becoming eligible for parole.
If and when a defendant is released, that person must register as a sex offender. While a requirement that must be adhered to, many find this requirement to be the most onerous part of the sentence. This can limit employment, housing, and relationships.
Defenses
There may be defenses available to you if you are being charged with rape by instrumentation. By definition, rape requires the lack of consent. Therefore, consent is a defense.
However, this defense is limited by the ability to give legal consent. A child as well as any adult who by virtue of impaired mental condition or other force or coercion may not give legal consent. Facts are important in building a strong defense.
When your freedom is on the line, make sure to get the help you need.
Strategy Session with a Tulsa Criminal Law Defense Attorney
The Wirth Law Office is here to help when you need it most. We offer an initial strategy session with an experienced Tulsa criminal law attorney to help you defend your legal rights.
Call 918-879-1681 for an initial strategy session or submit a question through this website.
