Oklahoma Rape and Sexual Assault Laws

The term "sexual assault" refers to any crime where the offender subjects the victim to unwanted and offensive sexual touching. In Oklahoma, the three main sexual assault crimes are rape, rape by instrument, and forcible sodomy.

Oklahoma's Rape Laws

In Oklahoma, rape is defined as an act of sexual intercourse involving vaginal or anal penetration (with someone who isn't the offender's spouse) under any of the following circumstances:

  • The victim is less than 16 years old
  • The victim is incapable of giving legal consent due to mental illness or any other unsoundness of the mind (whether temporary or permanent)
  • Force or violence is used (or threatened with the apparent ability to carry out the threat)
  • The victim is unconscious, and the offenders knows that the victim is unconscious, during the sexual intercourse
  • The victim submits to the sexual intercourse while believing that the offender is their spouse because the offender has intentionally tricked the victim
  • The victim is under the legal custody of a government agency and engages in sexual intercourse with an employee of that government organization that exercises control over the victim, or
  • The victim is between 16 and 20 years old and is a student, or is under the legal supervision of a school, and engages in sexual intercourse with an offender who is 18 years old or older and is an employee of that same school system

Rape can also occur between spouses. Under Oklahoma's rape laws, it is rape if an offender forces their spouse to engage in sexual intercourse by using force or violence (or threatened force or violence with the apparent ability to carry out the threat).

The following chart outlines Oklahoma's main rape laws.

Code Section

Oklahoma Code section 21-1114: First and Second-Degree Rape

What's Prohibited?

First-degree rape includes:

  • Rape when the offender is over 18 years old and the victim is less than 14 years old
  • Rape when the victim is incapable of giving legal consent due to mental illness or unsoundness of mind
  • Rape where the victim is intoxicated due to a narcotic or anesthetic agent administered by the offender
  • Rape where the victim is unconscious, and the offender knows that the victim is unconscious, during the sexual intercourse
  • Rape accomplished by force, violence (or threat of force or violence with the apparent ability to carry out the threat)
  • Rape by instrumentation that results in bodily harm (regardless of the age of the offender), or
  • Rape by instrumentation when the victim is less than 14 years old

All other instances of rape qualify as second-degree rape.

Penalties

First-degree rape: Felony. Punishable by death, imprisonment for at least five years, life, or life without parole.

Second-degree rape: Felony. Punishable by imprisonment for between one and 15 years.

Age of Consent

The age of consent in Oklahoma is 16. This means that people who are 16 years old and older are legally mature enough to consent to having sexual intercourse with another person. On the other hand, anyone who is less than 16 years old is legally incapable of consenting to sexual intercourse.

Age Limitations on Conviction for Rape

Minors who are less than 18 years old can't be convicted of rape in Oklahoma for having consensual sexual intercourse with anyone over the age of 14. For example, if Tom is 17 years old and has consensual sexual intercourse with his girlfriend Karen who is 16 years old, then neither Tom nor Karen has committed rape in Oklahoma.

Additional Resources

State laws change frequently. For case specific information regarding Oklahoma's rape and sexual assault laws contact a local criminal defense attorney or a sex crime lawyer.

If you or someone you know has been the victim of a sex crime there is help available. Please contact an organization dedicated to promoting victim rights.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.