First Degree Rape
Rape is non-consensual sex, and is divided into different degrees. First degree rape is the non-consensual sexual penetration, typically committed by threat of harm or force. It can also occur is a person is incapacitated, or unable to give consent. Rape in the second degree is called “statutory rape.” Second Degree rape usually involved legally non-consensual intercourse. A person in this case may give factual consent, but may not give legal consent.
Free Resources from OKC Criminal Defense Attorneys:
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:
Have you been charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. If you want to get this resolved so you can go back to living your life, CALL NOW at (405) 972-8604. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case!
Oklahoma Statutes
The statute for First Degree Rape is OKLA. STAT. tit. 21 § 1114, which states “rape in the first degree is rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or rape by instrumentation committed upon a person under fourteen (14) years of age. In all other cases, rape or rape by instrumentation is rape in the second degree.”
Elements of the Crime
In order to be convicted of First Degree Rape in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
1) sexual intercourse;
2) with a person who was not the spouse of the defendant, and who maybe of the same sex as the defendant;
3) where the defendant was over the age of 18, and the victim was under the age of 14
OR
3) where the victim was incapable through mental illness or any other unsoundness of mind whether temporary or permanent, of giving legal consent.
OR
3) where the victim was intoxicated by a narcotic or anesthetic agent;
4) given by or with knowledge of the defendant;
5) as a means of forcing the victim to submit.
OR
3) Where the victim was at the time unconscious of the nature of the act and this fact was known by the defendant.
OR
3) where force or violence was used against eth victim or another person, or where force or violence was threatened against the victim or another person and the defendant had the apparent power to carry out the threat of force or violence.
Oklahoma Jury Instruction #4-120.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with First Degree Rape in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Free Resources from OKC Criminal Defense Attorneys:
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:
Have you been charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. If you want to get this resolved so you can go back to living your life, CALL NOW at (405) 972-8604. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case!
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.