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Victim Rights Notification (O.S.
Title 22, Section 40.-40.4, effective 10/1/82) - provides definitions
for rape, forcible sodomy and domestic
violence. Also states victims rights,
24-hour hotline and 24-hour VPO (Victim Protection Order)
availability. Guarantees the right to a "free" medical exam to
procure evidence.
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Rape Statutes (O.S. Title 21,
Section 1111, 1112, and 1113, effective 11/1/83) - defines rape as
sexual penetration, however slight, with the victim, not being the
spouse of the perpetrator, under any of the following circumstances:
| Victim is under 16
years of age |
1-15 years (Second
Degree) |
| Victim is mentally
incompetent to give legal consent |
5 years or more
(First Degree) |
| Force or Violence is
used or threatened |
5 years or more
(First Degree) |
| Victim is intoxicated |
1-15 years (Second
Degree) |
| Victim is not aware
of the nature ot this act |
1-15 years (Second
Degree) |
| Victim is lead to
believe that the perpetrator is his/her spouse |
1-15 years (Second
Degree) |
A person 18 years or under cannot be convicted of rape with a person 14
years and over if consent was given to the act of sexual
intercourse. If a person who is over 18 commits rape upon a
person under 14, it is considered first degree rape and will receive a
five year or more sentence.
Rape in the first degree is punishable by no less than a five year
sentence. Rape in the second degree, all other specified forms of
rape, is punishable by no less than on year and not more than a fifteen
year sentence.
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Spousal Rape (O.S. Title 21, Section
1111, effective 9/1/93) - is defined in cases where force or violence
is used or threatened by a person to rape their spouse. 1-15 year
sentence (Second Degree)
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Rape by Instrumentation (O.S. Title
21, Section 1111.1, effective 10/1/87) - is the act of using an
inanimate object to rape a person, within or without the bonds of
marriage. It is considered second degree rape with a sentence of
1-15 years. If it result in bodily harm or performed upon a
person under 14, it is considered first degree rape with a sentence of
five years or more.
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Forcible Sodomy (O.S. Title 21,
Section 886, 888,
effective 5/25/92) - includes both oral and anal sodomy. Also
includes sodomy committed by a person over 18 upon a person under 16;
sodomy committed upon a mentally incompetent person; and sodomy
committed by force, violence or threat of force or violence.
First violation: maximum 10 year sentence. Second
violation: defendant not eligible for probation, suspended or
deferred sentence. A third violation will result in life or a
life without parole sentence.
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Sexual Battery (O.S. Title 10,
Section 21.1, effective 9/1/91) - provides that courts shall
consider evidence of ongoing domestic abuse in every case involving
child custody, visitation and guardianship.
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History of Violence Admissible as Evidence
(O.S. Title 21, Section 1123, effective 5/25/92) - defines sexual
battery as "the intentional
touching, mauling, or feeling of the body or private parts" of
anyone 16 years and older in an obscene or indecent sexual manner
without consent. This is a felony with up to 5 years imprisonment.
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Rape Shield Law (O.S.
Title 12, Section 2412, effective 9/1/93) - in a criminal case
involving a sexual offense, opinion or evidence of sexual behavior of
the victim and specific evidence of sexual behavior of the victim with
persons other than the accused is NOT admissible. Some evidence
IS admissible: consult an attorney.
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