Oklahoma Age of Consent Lawyers

In Oklahoma, the age of consent for sexual intercourse is 16 years old for both males and females. The age of consent is the minimum legal age at which a person has the mental capacity to consent to sexual intercourse with another person. This mainly refers to a minor engaging in intercourse with an adult.

What Is the Age of Consent?

Every state has laws that dictate at what age a person can legally consent to sex, called “age of consent” laws. If a person has sex with someone below the age of consent, they are guilty of statutory rape.

Essentially, they have had sex with someone who, according to the law, could not possibly consent to the act. Since rape is sex without consent, they are guilty of a form of rape.

Age of Consent Differences Between Males and Females

In many states, the age of consent for males and females is different. In some states, there is an exception to the age of consent law if the two partners are close to the same age (usually a two or 3-year difference), and in most states, punishments are harsher if one of the partners is significantly older than the other. Note that if both partners are above the age of consent, any age difference between them is irrelevant.

Also, some states distinguish between sex between a male and a female and sex between 2 males or two females. In many states, until very recently, any type of homosexual sex was illegal, regardless of age. In others, the age of consent for such acts is higher, but it is not altogether illegal.

Exception for Minors

Like other states, Oklahoma law provides an exception when we are concerned about the conduct between two individuals below the age of consent but close to the same age.

The general rule of thumb is that an individual over the age of 14 can consent to sex with another individual who is under 18.

What About Heterosexual Conduct?

Oklahoma currently does not have a valid statute that provides an age of consent specifically for homosexual conduct. However, it can be assumed that it is the same as heterosexual conduct.

What Is Statutory Rape?

Statutory rape occurs when someone over the age of consent has sex with someone below the age of consent or a minor. The age of consent and the ability of parents to consent for their children are issues that have been decided differently in many jurisdictions.

Even if an individual under the age of consent says ‘yes’ and initiates sex with someone over the age of consent, the law says it is still statutory rape because that younger person has no legal right to consent.

How Does Rape Differ from Statutory Rape?

Rape is when someone forces another person to have sex against their will. Statutory rape is when the government has passed regulations saying that in certain circumstances, even if both people consent to the sex, it is still against the law.

Can Anyone Press Charges?

In some jurisdictions, anyone can press charges. If someone over the age of consent has sex with someone over the age of consent, the older person can still go to jail even if the only person pressing charges is the arresting officer.

What If the Younger Person Lies About Their Age?

Even if the younger person lies about their age, the older person is usually still charged because it is the older person’s responsibility to determine the real age of the individual and make sure their actions are legal.

What is Criminal Sexual Abuse?

Criminal sexual abuse is any sexual act committed with the intent to do any of the following to another individual:

• Abuse;
• Harass;
• Humiliate, or
• Degrade

The laws regarding criminal sexual abuse differ by state and are heavily conditional on the definitions contained within the statutes of that state. State laws will often distinguish based on the age of the victim. For instance, if a child is sexually abused, the crime is typically classified as child molestation. However, when an adult has been sexually abused, the law will commonly refer to the crime as either aggravated sexual abuse or rape.

Three common types of sexual abuse occur, including:

• Child sexual abuse;
• Rape; and
• Aggravated sexual abuse.

The majority of states classify child sexual abuse as dependent on the victim’s age. An individual may be guilty of child sexual abuse or child molestation when they engage in sexual activity with a minor with the intent to arouse, appeal, or gratify their sexual desires.

An individual may be guilty of rape if they engage in the act of intercourse against the will of the victim through means involving:

• Force;
• Violence;
• Duress;
• Intimidation; or
• Fear of serious bodily harm.

An individual may also commit the crime of statutory rape when they engage in sexual intercourse with an individual under the age of 18, even if the victim gave consent. The statutory age requirement varies by state, usually between 16 to 18 years of age. Some states also have laws regarding the age of the perpetrator.

An individual may be guilty of aggravated sexual abuse if the act involved any of the following exceptional circumstances:

• A weapon is used during the crime;
• The victim is over 60 years of age;
• The victim is physically or mentally incompetent and cannot consent, such as an individual with dementia;
• The offender behaves in a way meant to threaten or endanger the victim or any other individual if they do not comply; and
• Statutory rape of a family member.

It is important to note that guidelines will change per each state’s specific laws. If an individual is a victim or has been charged with a sexual abuse crime, it is essential to contact a local attorney immediately to determine the local laws.

What Are the Criminal Penalties for Sexual Abuse Convictions?

Laws regarding sexual abuse crimes vary by state. Criminal penalties for these crimes may also vary by state. An individual who is convicted of child sexual abuse or molestation may face the following consequences:

• A prison sentence;
• Registering as a sex offender;
• Losing the right to vote;
• Losing child custody;
• Paying a heavy criminal fine; or
• Attending required sex offender treatment programs.

If the crime is classified as a misdemeanor, an individual who is convicted may face:

• Up to one year in jail;
• Criminal fines of up to $1,000 in most states;
• Other punishments, such as community service; or
• Other punishments as prescribed in that specific state.

If the crime is classified as a felony, an individual who is convicted may face:

• Over a year in prison up to life in prison;
• Hefty criminal fines;
• Loss of privileges, including voting and gun ownership; or
• Other punishments as prescribed in that specific state.

Punishment for Offenders

Oklahoma state statute provides punishment as severe as the death penalty for violations of its age of consent laws. However, The Supreme Court held that states might not impose the death penalty for statutory rape (i.e., not consensual sex with a child).

Therefore, it is exceedingly unlikely that such a punishment would be imposed. Nevertheless, this indicates how seriously Oklahoma takes sex with minors and the likelihood to impose strict penalties.

Should I Consult an Attorney?

If you find yourself in a situation where you may have had intercourse with a minor, then an Oklahoma criminal defense lawyer can help you. They can advise you on your proper course of action and help determine whether you have any valid defenses.