In today’s day and age, people are often concerned about whether they can be accused of rape, sexual assault, or other inappropriate conduct, even in instances when sexual acts are performed with consent. Please continue reading and reach out to a knowledgeable Oklahoma City sex crimes lawyer from Jones Law Firm to learn more about how the state views these matters and how our firm can help if you’ve been wrongfully charged with a sex crime. Here are some of the questions you may have:
Can I be charged with rape even if I had consent?
Of course, whether you can legally be charged with rape depends largely on the specifics of your individual case. That being said, in most cases, consensual acts of sex do not warrant rape charges. However, you should understand that there are certain circumstances wherein consensual acts, or perceived acts of consensual sex, may lead to a person being accused of sexual assault or rape.
Is sexual assault different from rape in the eyes of the law?
First, you should understand the difference between sexual assault and rape in the eyes of Oklahoma law. Rape, under Oklahoma law, is defined as non-consensual sexual intercourse. On the other hand, sexual assault is defined as any other form of non-consensual consent, which can include rape but can also come in the form of unwanted touching or sexual advances. Regardless, there is a wide range of scenarios that may warrant rape or sexual assault charges in Oklahoma, regardless of whether there was consent.
What scenarios may warrant rape or sexual assault charges, even if the activity was consensual?
Several instances may result in a person facing rape or sexual assault charges, even if the sexual act was consensual, or perceived to be consensual by at least one party in the state of Oklahoma. Some examples of this include:
- If the allegedly non-consenting party was under the influence of drugs or alcohol or otherwise deemed mentally incapable of consenting to sexual activity
- If the allegedly non-consenting party was under the legal age of consent
- If the allegedly non-consenting person was coerced into sexual relations by someone who was of significantly greater power than them, such as an authority figure
- If there is any evidence of physical injury during the consensual sex
The bottom line is that in the state of Oklahoma, it is in fact possible for a person to face sexual assault or rape charges even when the sexual act was consensual. If you are accused of rape or sexual assault, you need to speak with a competent attorney who can help fight your charges at every turn. Contact Jones Law Firm today to schedule your initial consultation with our dedicated legal team.