Second Degree Rape
Second degree rape is a very serious felony charge in Oklahoma. 2nddegree rape is found under the same Oklahoma statutes as first degree rape, 21 O.S. 1111 and 21 O.S. 1114. Under Oklahoma law the penalty for second degree rape is from one year in prison up to fifteen years in prison. A conviction for this charge also requires lifetime registration as a sex offender.
Second degree rape, also known as Statutory Rape typically involves a fact pattern where the sexual intercourse takes place, and the accuser, or “victim” as the prosecution calls them, is under the age of 16, 14 or 15 years old to be exact, and the defendant is 18 years of age and over. This is your typical statutory rape (2nddegree rape) case fact pattern. A high school kid is dating a 15-year-old girl. He then turns 18, she is still 15, he has sex with her, and in Oklahoma that equals second degree rape that a DA’s Office will file charges on.
2ndDegree Rape also comes in other varieties. We are seeing more and more cases where employees of schools are having sex with students anywhere from age 16 to 19. Above the legal age of consent. The employee (now defendant) does not even have to be a teacher. If you are an employee of the same school district the student is attending, even if that student is 19 years old, you can be charged with second degree rape.
If the accuser is in jail, Bureau of Prisons, Department of Corrections, on probation with the department of corrections or with the DA’s Office, and a member of that law enforcement agency, department of corrections, jailer, etc., has consensual sexual intercourse with the inmate or the probationer, that sexual intercourse is second degree rape in Oklahoma.
If the accuser is nineteen years of age or younger and is in the custody of the state, the federal or tribal government and has sex with a foster parent or foster parent applicant, that sexual intercourse is also second-degree rape in Oklahoma.
Starting November 1, 2018, this 2ndDegree Rape statute has been amended and additional sexual conduct is now classified as 2nddegree rape. If the accuser is at least 16 years old, but less than 18 years old, and a person who is responsible for the child’s health, safety, or welfare has sexual intercourse with the child, that conduct is criminal under the 2nddegree rape statute. The person responsible for health, safety or welfare is defined as a parent, legal guardian, custodian, foster parent, any person 18 years of age or older that lives with the child, any other adult residing in the home of the child, an owner, operator, or employee of a child care facility, an agent or employee of a public or private residential home, institution, facility or day treatment program.
2ndDegree Rape by Instrumentation
Rape by instrumentation has both a first and second degree charging classification. 2nddegree rape by instrumentation is the penetration of the anus or the vagina by any inanimate object or body part other than the penis where there is no bodily harm to the “victim”. What most often is charged is alleged conduct that is what we call “digital penetration.” Digital penetration is simply the fingers penetrating the anus or vagina of the accuser. Digital penetration means the “digits,” your fingers. Rape by Instrumentation does not have to be some foreign or inanimate object, just anything other than the gentleman's penis, but most commonly the fingers.
Hiring an attorney dedicated to these cases is essential to your defense. Do not hesitate, call Lee Berlin today at (918) 384-0850