You Could Face More Than One Count of Forcible Sodomy in Oklahoma

This charge sounds horrible. When you read the laws at the Oklahoma Statutes, Chapter 21, Section 886 and Section 888, it sounds even worse. However, at the end of the day the law is basically talking about oral sex. This is not forcible anal sex, which falls under the rape statute. The charge covers both giving or receiving oral sex without permission, regardless of the gender of the parties involved.

A first offense with no prior felony convictions carries a range of punishment of up to 20 years in prison. A conviction requires registration as a sex offender. You cannot legally received a deferred sentence to this charge.

You Could Be Charged With Multiple Offenses When Arrested for Forcible Sodomy

This charge is most often found in adult (over 16 years old) cases. However, over the past decade there has been a surge in the number of cases involving juvenile victims. This is not because of an uptick in juvenile victims, but because of the charging decisions made in District Attorneys’ offices across Oklahoma. The DAs’ offices these days “stack” charges in sex cases. This is where they take a single sexual event from foreplay through completion of the event and break it down into discrete subparts and charge the defendant with every single criminal act that was committed.

For example, in a typical sexual encounter, the DA’s office could, depending upon the evidence submitted charge the defendant for the following: touching of the breast, touching of the butt, touching of the vagina, giving oral sex, receiving oral sex, vaginal sex, anal sex, and possibly charges for setting up the encounter, setting up a follow-up encounter and using the phone or computer to set up the encounter. So the defendant could face three counts of lewd molestation, two counts of forcible sodomy, two counts of rape (first or second degree depending upon the age), and the possibility of charges of soliciting a lewd act before and after the encounter and two counts of use of a computer or telecommunications device in the commission of a felony.

You do not actually have to use what most consider physical force to be charged with forcible sodomy (also known as forcible oral sodomy) in Oklahoma. In some cases physical force is in fact involved. In other cases, simply a threat of physical force or violence is sufficient. Additionally, age may be the deciding factor if a participant is under 16 years old. Other factors that may have bearing on the charge include development or cognitive disabilities of the “victim” or whether the defendant may have been a school teacher or government employee with custody, supervision, or authority over the other participant. Each of these underlying elements all involve negating, overcoming, or the absence of the one party’s ability to be able to consent to the sexual act, either factually or legally.

Let Tulsa Sex Crime Attorney Lee F. Berlin Help You Fight Forcible Sodomy Charges

If you have been charged with forcible sodomy in Oklahoma and do not know where to turn for help and guidance, contact Tulsa Sex Crime Attorney Lee F. Berlin. This is what I do all day, every day, and I can provide you a solid, unique defense specifically tailored to your needs and circumstances.