In May of 2016, a Claremore man received a three life sentences plus an additional 20 years for the rape of a girl under 14.  The man molested and raped the girl over a period of two years.  The abuse began when she was 12.  As a result, a Rogers County jury dealt one of the harshest punishments to the man—life without parole.  This article will explain more about rape charges and how the law applies.

What is Rape

Oklahoma law defines rape under Title 21 §1111.  Similar other states, Oklahoma provides three main elements to a rape offense: (1) sexual penetration, (2) lack of consent or non-consent, and (3) force.  First, penetration can be one of several forms.  It can occur through the rapist using their body or from the use of an object.  Second, the victim must not provide consent.  This is generally the area where most people have difficulty.  Consent is not always a definite yes or no to the acts.  Further, in some cases the victim may not be able to provide legal consent at all.  Finally, the element of force is relatively simple to prove.  Several jurisdictions only require a showing of enough force to accomplish sexual penetration.

SEE OUR ARTICLE ON STATUTORY RAPE FOR MORE INFORMATION ON RAPE OF MINORS.

Punishments for Rape

The felony sentence that an offender will get from this charge is dependent on a few factors.  The main factors are the age of the victim and the amount of violence.  First degree rapes generally have some violence, as well as clear non-consenting victims.  These have a minimum of five (5) years imprisonment and can reach a life sentence.  Second degree rapes are a lesser crime.  Thus, they have a minimum jail term on one (1) year, but the possibility of a fifteen (15) year maximum.

Claremore Defense Attorneys

If you or someone you love is facing these charges, call our offices for legal advice.  We understand that sometimes the events can be unclear.  Don’t let a bogus charge send you to prison for life.  Call us today.