Forcible Sodomy
Forcible Sodomy does not cover forcible anal sodomy, which constitutes the crime of rape. Forcible sodomy refers to oral sex, either by force or with someone who is statutorily unable to give consent.
Oklahoma Statutes
The statute for Forcible Sodomy is OKLA. STAT. tit. 21 § 886-888, which states that “The crime of forcible sodomy shall include: Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or Sodomy 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 Sodomy 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 victim or the person committing the crime; or Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state.”
Elements of the Crime
In order to be convicted of Forcible Sodomy 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) penetration;
2) of the mouth/vagina of the defendant/victim;
3) by the mouth/penis of the defendant/victim;
4) which is accomplished by means of force or violence, or threats of force or violence that are accompanied by the apparent power of execution.
*You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.
OR
4) by a person over the age of eighteen on a child under the age of sixteen.
*You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.
OR
4) committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent
*You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.
OR
4) committed by a state/county/municipal, or political subdivision, such as an employee/contractor/employee of a subcontractor of a contractor of the state/a county/municipality or political subdivision of Oklahoma upon a person who was under the legal custody, supervision or authority of a state agency such as a county/ municipality/political subdivision of Oklahoma.
*You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.
OR
4) where the victim was at least sixteen but less than twenty years of age;
5) the victim was a student of a secondary school;
6) the defendant was eighteen years of age or older; and
7) the defendant was an employee of the victim’s school system.
*You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.
OR
4) where the victim was at the time unconscious of the nature of the act and this fact was or should have been known by the defendant
*You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.
OR
4) where the victim was intoxicated by a narcotic or an anesthetic agent;
5) given by or with the knowledge of the defendant;
6) as a means of forcing the victim to submit.
*You are further instructed that any sexual penetration, however slight, is sufficient to complete the crime.
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 #4-128.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Forcible Sodomy 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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