As a parent, you do everything in your power to provide for your children. In addition to providing housing, clothing, school supplies, food, and extracurriculars, you do everything possible to ensure you are raising someone with morals and strong values. However, when your child is charged with a sex crime, it can be incredibly devastating. Whether they are guilty or not, it’s important to understand how the legal process works in these situations. The following blog explores what you should know about juvenile sex offenses and why connecting with an Oklahoma City sex crimes lawyer is imperative during these difficult times.
What Are Juvenile Sex Offenses?
In most instances, the law is the same for children as it is for adults. As such, if an act is illegal for an adult, it is illegal for a child. However, there are some variations, as the law does take into account relationships between children over 14 and under 18. For example, if a 14-year-old and 17-year-old have consensual intercourse, the 17-year-old cannot be charged with rape because they are under 18. However, if a 17-year-old has sex with a 12-year-old, or a 19-year-old has sex with a 15-year-old, it can be considered statutory rape. This is because the legal age of consent in Oklahoma is 16 unless the intercourse is consensual and occurs between two parties between the ages of 14 and 18.
However, this does not stop your child from facing the following charges, regardless of age:
- Forcible Rape
- Rape using an instrument that results in bodily harm
- Attempted rape
- Rape of a child under 14
- Forcible sodomy
- Lewd molestation
If My Child Is Charged With a Sex Crime, Will They Be Charged as an Adult?
In Oklahoma, minors are technically not convicted of a crime, as they will go through the juvenile court system. However, there are certain crimes in Oklahoma that warrant higher charges. For example, if a child over 15 commits murder, they are charged as an adult. Sex offenses are slightly different. They are charged more severely than a juvenile offense, but a child will not be charged as an adult. Instead, they are subject to the Youthful Offender Act.
Under the Youthful Offender Act, a minor over 15 charged with first-degree rape, attempted first-degree rape, forcible sodomy, or rape by instrument will be charged as a youthful offender. The same goes for 16 and 17-year-olds charged with second-degree rape. Typically, a child convicted of this kind of offense will be housed in a county jail instead of a juvenile detention center. Additionally, you’ll find that most juveniles who commit non-violent crimes are released from the detention center when they turn 18, while those charged as a youthful offender will be transferred to a state prison upon their 18th birthday.
If your child is in legal trouble, you’ll want to do everything possible to help them fight for the best possible outcome. That’s why you need experienced sex offense attorneys on your team. At the Jones Firm, PLLC, we understand how overwhelming it can be for parents and children when a child is charged with a serious crime like a sex offense. Our team will examine the details of your case to determine the best possible avenues to help you receive an ideal outcome. Connect with us today to learn how we can help you.