STATUTORY RAPE BY INSTRUMENTATION

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Rape is non-consensual sex and is divided into different degrees. Rape by instrumentation occurs when a person is penetrated by any part of another person’s body or any other object or instrument. There does not need to be a specific measure of penetration, even the smallest penetration is sufficient.

Oklahoma Statutes

The statute for Statutory Rape by Instrumentation is OKLA. STAT. tit. 21 § 1111.1, which states that rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person.

Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of the same school system, or where the victim is under the legal custody or supervision of a state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section of law with a federal, state, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, consent shall not be an element of the crime. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

Elements of the Crime

In order to be convicted of Statutory Rape by Instrumentation 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 ONE OF THE FOLLOWING:

1) the person penetrated the anus or vagina;

2) of any victim;

3) with an inanimate object or a part of the human body other than the penis;

4) without the victim's consent;

5) [List the Circumstance(s) Specified in Section 1111 Which Exist in This Case].

*Any sexual penetration, however slight, is sufficient to complete the crime of Statutory Rape by instrumentation.

OR

1) the person was eighteen years of age or older; and

2) the person was an employee of the victim's school system; and

3) who penetrated the anus or vagina;

4) of a student, or person under the legal custody or supervision of a public or private school;

5) who was at least sixteen years of age and less than twenty years of age.

*Any sexual penetration, however slight, is sufficient to complete the crime of Statutory Rape by instrumentation.

OR

1) the defendant was an employee or employee of a contractor of, the state or federal agency, county, municipality, or political subdivision; and

2) who penetrated the anus or vagina;

3) of a person who was under the legal custody or supervision;

4) of the state or federal agency, county, municipality, or political subdivision that employed the defendant.

*Any sexual penetration, however slight, is sufficient to complete the crime of Statutory Rape by instrumentation.

OR

1)  the defendant was a foster parent or foster parent applicant;

2) who penetrated the anus or vagina;

3) of a person who was nineteen years of age or younger;

4) when the person was in the legal custody of a state or federal agency, or tribal court.

*Any sexual penetration, however slight, is sufficient to complete the crime of Statutory Rape by instrumentation.

Oklahoma Jury Instruction #4-127.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Statutory Rape by Instrumentation 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.

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.


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