Rape is a crime of violence. Rape by instrumentation is a specific type of rape, though not commonly discussed. Here is what you need to know about rape by instrumentation in Oklahoma and how it is handled.
Rape Defined
Rape is legally defined as an act of non-consensual sexual intercourse involving the vaginal or anal penetration of a male or female who is not the spouse of the perpetrator, of either the same or the opposite sex. Okla. Stat. tit. 21 § 1111
The crime is grounded in the use of force or threat of force in the act.
In Oklahoma, rape can be of the first or second degree. Rape by instrumentation is first-degree rape, which is a felony in Tahlequah, Oklahoma.
Defining Rape By Instrumentation In Oklahoma
Rape by instrumentation is defined as penetrating another person’s anus or vagina with an inanimate object or a body part that does not include a person’s sexual organ, without that person’s consent. The crime can occur between any two people. Marriage is not a defense to the crime.
The amount of insertion is immaterial. Even the slightest amount of penetration is sufficient for a conviction. The insertion can be one or more fingers, an instrument, or a sexual object.
Because rape by instrumentation can cause grave injury to the victim, it is vigorously prosecuted in Oklahoma.
First-Degree Rape Defined
First-degree rape includes any of the following:
- rape of a child younger than 14 years of age by a person aged 18 or older;
- rape of a person incapable of granting legal consent;
- the victim is given an intoxicant in order to be forced to submit against their will;
- the perpetrator knows that the victim is unconscious at the time of the rape;
- rape accomplished through force, violence, or the threat of force or violence accompanied by the apparent power to make good on the threat; or
- rape by instrumentation, regardless of the age of the victim or perpetrator.
Okla. Stat. tit. 21 § 1114
Penalties For Rape By Instrumentation In Oklahoma
Rape in the first degree is a felony punishable at least five years in prison. However, a defendant can be sentenced to as much as life in prison, life without parole, or even death.
The court has broad discretion in imposing sentence on a defendant.
Also, rape is also subject to the 85% rule. If convicted, you must serve 85% of your sentence before becoming eligible for parole.
Finally, because the crime is a sex crime, the defendant must register with the Sex Offender Registry. This limits where a person is allowed to live and work and can haunt a person for years after their official prison sentence is completed.
Defenses
Because the punishment for this crime is so severe in Oklahoma, if you are facing charges, it is vital that you hire an experienced Tahlequah attorney as soon as possible to help protect your rights and freedom.
Defenses need to be carefully crafted with your attorney. Even small facts may be important.
By definition, rape requires a lack of consent. Therefore, consent is a commonly asserted defense. This defense is limited by the ability to give legal consent. A child or a person who by virtue of impaired mental condition or other force or coercion may not give legal consent.
Low-cost Initial Consultation: Tahlequah Criminal Defense Lawyer
Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you are facing charges for rape by instrumentation in Oklahoma.
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll-free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.
