Okmulgee Lawyer BlogHow Do I Contest a Rape by Instrumentation Charge in Okmulgee?

rape by instrumentationJust hearing the words rape by instrumentation can make the most hearty of us shudder in fear. Just the idea of it can make us fear for ourselves, our wives, our sisters, and other female loved ones. This crime can change the life of a victim.

Rape by instrumentation is treated harshly in Okmulgee, Oklahoma. If you are convicted, not only will you face prison time, but also you will be branded as a sex offender after release.

Rape by Instrumentation — a Life-Altering Crime

Under Oklahoma law, rape by instrumentation is defined as a sexual act in which any inanimate object or any part of a human body is used without the victim’s consent in the penetration of the anus or the vagina. (Okla. Stat. tit.21 § 1111.1)

This can be any sort of object or body part. A broom handle, bottle, hand, or fingers all qualify under the statute. Even the slightest degree of penetration is sufficient to be charged with the crime. (Okla. Stat. tit.21 § 1113)

Rape by instrumentation is not intercourse, and it is not consensual. It is also immaterial whether you are married to the victim or not. Married or not, if it is done without consent, it is rape.

All too often, rape by instrumentation results in severe bodily injury to the victim. Thus, prosecutors are quick to press for the most severe charges and consequences.

Oklahoma classifies the crime of rape by degrees. Rape by instrumentation can be of the first or second degree. Both are serious crimes with serious consequences in Okmulgee. Rape in the first degree is more serious than rape in the second degree, but a conviction of either charge will change your life forever.

Rape by instrumentation in the first degree will be charged if the victim is under the age of 14 or if the rape by instrumentation results in great bodily harm. All other rape by instrumentation is charged as rape in the second degree. (Okla. Stat. tit.21 § 1114)

Penalties

A conviction of first-degree rape of any type mandates a minimum of five years in prison. However, that is only a minimum. Depending on the circumstances, you could face life in prison without parole. (Okla. Stat. tit.21 § 1115)

A conviction of second-degree rape in Oklahoma can garner a 15-year prison sentence. (Okla. Stat. tit.21 § 1116)

Free Consultation: Okmulgee Criminal Defense Attorney

If you or a loved one needs to speak with an Okmulgee criminal defense attorney about a rape charge in Oklahoma, call 918-756-9600 now for a free consultation.

Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.

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