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Of course, rape that does involve force or an assault is illegal in Oklahoma and prosecuted as forcible rape. Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
Assaults of a sexual nature may also be charged under the state’s assault and battery or child enticement laws. 21, §§ 1111, 1114, 1116 (2018).) Lewd or indecent acts with a child younger than 16 includes sexual touching (without penetration) between a minor who is younger than 16 and a defendant who is at least three years older than the victim. Oklahoma’s Romeo and Juliet exemption protects from prosecution certain minors who engage in consensual sex. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
Sexual assault for anyone to intentionally or knowingly penetrate a person under age 17, other than his spouse.
The actor has an affirmative defense if he is not more than three years older than the victim, who is at least age 14Third-degree sexual assault if, under circumstances not constituting first- or second-degree sexual assault, the actor is at least four years older than the victim and inflicts sexual intrusion on a victim under age 16.
The adult may be arrested, tried in a court of law, and sent to jail.
Any actor under age 18 must be tried as a juvenile and cannot be transferred to adult court.New crime prohibits certain sex offenders from area within 300 feet of elementary or junior high school, childcare facility or playground. Disclaimer: Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question.Statutory rape is prosecuted under Oklahoma’s rape and sex crime laws. 21, §§ 1111, 1114, 1115 (2018).) Second degree rape includes consensual sex between a minor younger than 14 and a defendant who is younger than 18. Potential penalties include at least three years in prison. The law applies to consensual sex between two minors who are at least 14 but younger than 18. But even if this is true, a defendant cannot rely on a mistake of age—even a reasonable one—to avoid conviction in Oklahoma.Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. It also includes consensual sex between a minor who is 14 or 15, and a defendant who is 18 or older. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.