Sexual assault and rape are incredibly serious criminal offenses that can have lasting impacts on the victims while leading to incredibly harsh punishments for those convicted of these crimes. However, you’ll find that many accused of these offenses may not understand the intricacies of what warrants a sexual assault, especially if they are charged with rape despite receiving the consent of their partner before the act. As such, the following blog explores the circumstances under which consensual sex could warrant a criminal offense and the importance of working with an Oklahoma City sex crimes lawyer to assist you through these difficult times.
Is It Possible to Be Charged with a Sexual Offense If I Had Consent?
When engaged in sexual activity with another person, it is imperative to understand that consent must be obtained each time, even if you have had consensual relations in the past. Under Oklahoma law, consent must be affirmative, clear, and voluntary. Additionally, under Oklahoma law, consent can be revoked at any time. This means if you are engaged in relations and the other party withdraws consent, continuing against their wishes would be considered a criminal offense.
You should also understand that there are instances in which, despite consent being given, someone can still face sexual assault or rape charges for engaging in sexual activity with another person. This is an incredibly complicated matter, so it’s critical to understand what these situations look like so you can avoid them.
Under What Circumstances Can I Face Charges?
One of the most common scenarios in which someone is accused of rape or sexual assault despite having consent is when drugs or alcohol are involved. In general, someone who is under the influence of a substance is unable to provide informed consent. As such, if you engage in sex acts with someone who is not sober, you can face criminal charges. This also applies in circumstances in which someone with a mental disability or illness consents to the act, as they may lack the necessary mental capacity to understand what they are agreeing to.
You should also note that if the person consenting to the sex act is a minor, under the law, they are not capable of consenting to sexual acts. As such, if you are an adult and engage in consensual sex with a minor, you can face a statutory rape charge. However, it’s important to understand that this does not apply to individuals 20 years old and younger who engage in sexual relations with partners within four years of their age.
A rape or sexual assault charge can turn your life upside down. As such, if you are facing these accusations, it’s critical to connect with an experienced criminal defense attorney with the Jones Firm, PLLC to help you through these times. We will examine your circumstances to help you fight for the best possible outcome for your unique situation. Contact us today to learn more.
