Rape Second Degree

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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.

Oklahoma Statutes

The statute for Second Degree Rape is OKLA. STAT. tit. 21 § 1114, which states that “rape in the Second 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 Second 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 Second 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 is not the spouse of the defendant [and who may be of the same sex as the defendant];

3) where the victim was under the age of sixteen.

OR

3) where the victim was under the belief induced by the defendant that the victim was having intercourse with his/her spouse.

OR

3) where the victim was under the legal custody/supervision;

4) of a (state/federal agency)/county/municipality/(political subdivision); and

5) the defendant was an employee / (employee of a [subcontractor of a] contractor of)/the (state/federal agency)/county/municipality/(political subdivision) that exercised authority over the victim;].

OR

3) where the victim was between sixteen and twenty years of age;

4) the victim was a student/(under the legal custody/supervision) of a/an (elementary/secondary school)/(junior high)/high/(public vocational) school;

5) the defendant was eighteen years of age or older; and

6) the defendant was an employee of the victim's school system].

OR

3) where the victim was nineteen years of age or younger; and

4) in the legal custody of a (state/federal agency)/(tribal court); and

5) the defendant was a (foster parent)/(foster parent applicant).

OR

4) where the victim was at least sixteen years of age but less than eighteen years of age; and

5) the defendant was a person responsible for the victim's health, safety or welfare.

*A person responsible for a child's health, safety or welfare includes, but is not limited to:  a/an parent/(legal guardian)/custodian/(foster parent)/(person living with the child's parent and is eighteen years of age or older)/(adult residing in the child's home)/ (agent/employee of a public/private (residential home/institution/facility)/(day treatment program)/(owner/operator/employee of a child care facility).

**You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.

Oklahoma Jury Instruction #4-124.

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

Being charged with Second 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.

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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