SEX CRIMES

sex crimes

Being charged with Rape, Lewd Molestation, Child Sexual Abuse or any other sex crime can carry serious prison time. These types of charges can be very difficult to fight due to the stigma that attaches to someone charged with a sex crime. Even if you are not guilty, just being charged with this crime can have a huge impact on your life. I will fight your case vigorously from day one.

I will make sure your rights are protected from overzealous prosecutors and law enforcement. Let my experience guide you and inform you of the best way to proceed. I will fight to make sure that you are treated fairly in court and given a chance to tell your side of the story.

With the possibility of life in prison, you need an experienced lawyer to stand by your side and fight for you.

First Degree Rape

First Degree Rape charges can cover many different factual situations. The more common factual scenarios include:

  • Any person over 18 years of age having sex with any person 13 years of age or younger;
  • Having sex with a person that cannot give legal consent because they are mentally ill or are of unsound mind;
  • Having sex with someone who is intoxicated by a narcotic or anesthetic agent as a means of forcing the victim to submit (this is commonly referred to as a date rape drug);
  • Having sex with someone who is unconscious;
  • Having sex with someone by means of force, violence, or threats of force or violence;

First Degree Rape is the most serious rape charge and carries a punishment of not less than 5 years and up to Life Without Parole in prison.

Second Degree Rape / Statutory Rape

Second Degree Rape charges can also cover many different factual situations. The most common factual situations include:

  • Any person over 18 years of age having “consensual” sex with any person who is 14 or 15 years old (this is usually referred to as Statutory Rape);
  • A teacher having sex with a student who is 16 years of age or older even if it is consensual;

Second Degree Rape is less serious than First Degree Rape, however, it is still a felony charge and carries a punishment of 1 to 15 years in prison.

Rape by Instrumentation

Rape by Instrumentation occurs when someone commits First Degree Rape or Second Degree Rape (listed above) but instead of using a penis the person inserts an object or other body part (usually the fingers or hand) into the anus or vagina of another person.

Rape by Instrumentation is a Felony in Oklahoma. The punishment for Rape by Instrumentation varies depending on the circumstances but can range from 1 year in prison up to Life Without Parole in prison.

Rape by Instrumentation is a Felony in Oklahoma. The punishment for Rape by Instrumentation varies depending on the circumstances but can range from 1 year in prison up to Life Without Parole in prison.

Forcible Oral Sodomy

Forcible Oral Sodomy occurs when someone performs or receives oral sex on another person and:

  • this was done by means of force, violence, or threats of force or violence; or
  • this was done by a person over 18 years old on a person 15 years old or younger; or
  • this was done with a person that cannot give legal consent because they are mentally ill or are of unsound mind; or
  • this was done by a government employee with someone that the government employee has power and control over (typically this involves a jailer and inmate); or
  • this involved a teacher and student

Forcible Oral Sodomy is a felony in Oklahoma. The punishment for Forcible Oral Sodomy is up to 20 years in prison.

Lewd Molestation

Lewd Molestation typically occurs when a person looks upon, touches or feels the body or private parts of a child in sexual manner. It is also considered Lewd Molestation for someone to:

  • make any proposal to a child under 16 years old (or someone you believe to be under 16 years old) to have sexual relations or sexual intercourse;
  • ask, invite, entice, or persuade any child under 16 years old (or someone you believe to be under 16 years old) to go alone with any person to a secluded, remote, or secret place, with the intent and purpose to commit any crime against public decency and morality with the child; or
  • urinate or defecate upon a child under 16 years old for the purpose of sexual gratification;
  • ejaculate upon or in the presence of a child for the purpose of sexual gratification;
  • cause, expose, force or require a child to look upon the body or private parts of another person;
  • force or require any child under 16 years of age (or someone you believe to be under 16 years old) to view any obscene materials, child pornography or materials deemed harmful to minors;
  • cause, expose, force or require a child to look upon sexual acts performed in the presence of the child; or
  • force or require a child to touch or feel the body or private parts of said child or another person.
  • Lewd Molestation is a felony in Oklahoma. The punishment for Lewd Molestation varies depending on the age of the child victim. If the child is 11 years old or younger the range of punishment is from 25 years to Life in prison. If the child is 12 years old to 16 years old the range of punishment is from 3 to 20 years in prison.

Child Sexual Abuse

Child Sexual Abuse occurs when a parent, a legal guardian, a custodian, a foster parent, a person 18 years of age or older that lives in the home with the child, a person 18 years of age or older that lives with the child’s parent, an agent or employee of a public or private residential home, institution, facility or day treatment program, or an owner, operator, or employee of a child care facility looks upon, touches or feels the body or private parts of a child in sexual manner or if such person commits rape on the child.

Child Sexual Abuse is a felony in Oklahoma. The punishment for Child Sexual Abuse varies slightly depending on the age of the child victim. If the child is 11 years old or younger the range of punishment is from 25 years to Life in prison and/or a fine of $500 to $5,000. If the child is 12 years old to 18 years old the range of punishment is up to Life in prison or up to 1 year in the county jail and/or a fine of $500 to $5,000.

Sexual Battery

Sexual Battery occurs when someone touches a person who is 16 years of age or older on their body or private parts in a sexual manner and without their consent.

Sexual Battery is a felony in Oklahoma. The punishment for Sexual Battery is up to 10 years in prison.

Indecent Exposure

Indecent Exposure occurs when someone exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed.

Indecent Exposure is a felony in Oklahoma. The punishment for Indecent Exposure is 30 days up to 10 years in prison and/or a fine of $500 up to $20,000.

If you have prior felony convictions then your range of punishment can increase significantly from what is listed above. Call today to schedule a free consultation and I can better explain the range of punishment you may be facing and any defenses you may have.

Possible Defenses to Sex Crimes

There are many different defenses when you are charged with a sex crime. Since Rape and other Sex Crimes charges can cover many different fact scenarios the defenses that are available vary greatly depending on the specific facts and circumstances.

If you have been charged with a sex crime call now to schedule a free consultation. I will work hard to find all or your possible defenses to try and get your charges reduced or even dismissed. If a trial is your best option I will passionately argue your case to the jury. If pleading guilty is your best option I will negotiate the best plea deal with the prosecutor.