Whether at a house party or enjoying a night out at a bar with friends, it’s not uncommon to let loose and enjoy a few drinks. You may even meet someone and spend the night with them. However, days later, you may be shocked to discover they have accused you of raping them while they were intoxicated. Not only can this be a devastating accusation, but you were also inebriated. As such, you may wonder how this changes the situation. The following blog explores what you must know about alcohol and rape and how an Oklahoma City sex crimes lawyer can assist you if facing accusations.
What Role Does Alcohol Play When Receiving Consent?
Unfortunately, when alcohol is involved in situations of a sexual nature, it can create uncertainty. This is because alcohol lowers inhibitions, reduces the ability to make decisions, and impairs judgment.
Generally, if someone who is not under the influence has sex with someone who is too intoxicated to consent to the situation, it is rape. However, when both parties are under the influence, this situation can become a gray area. When both parties are inebriated, determining who initiated the sexual act can be difficult.
What Are the Penalties for Rape in Oklahoma?
The penalties for a rape conviction are incredibly intense, given the nature of this crime. You can face a first or second-degree felony.
If you are charged and convicted on a first-degree rape charge, you will face a minimum sentence of five years, with a maximum of life or life without parole. However, this is also punishable by death.
A second-degree rape charge is punishable by a sentence of one to fifteen years in prison.
Both Parties Were Intoxicated. How Will This Impact My Case?
The law does not specify what will happen if the victim and alleged offender were both intoxicated at the time of the rape. However, it’s necessary to understand that if accused of rape, despite being intoxicated, you can still face a conviction. This is because you are still responsible for your actions when under the influence.
Think of it like driving drunk. You will still face criminal charges if you get behind the wheel while intoxicated, as you are liable for your actions, even if you are not of sound mind due to alcohol consumption. The same goes for rape.
As such, it’s imperative to have a competent attorney on your side to fight for your innocence. It’s essential to ensure you are not held criminally responsible for a situation in which you had enthusiastic consent. Enlisting the guidance of an attorney can help increase your chances of receiving a favorable outcome.
At the Jones Firm, PLLC, we understand how devastating this accusation can be. As such, we will do everything possible to assist you through the criminal process to fight for the justice you deserve. Contact us to learn how we can help you.