If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.
Some of the basic questions I have are: What ages can I date?
Some states base the penalty for violations on the age of the offender, with older offenders receiving harsher penalties.
Statutory rape to sexually penetrate a person at least age 13 but less than age 18 if the actor is at least four years older than the victim.
Any actor under age 18 must be tried as a juvenile and cannot be transferred to adult court.
Statutory rape is prosecuted under Oklahoma’s rape and sex crime laws. 21, §§ 1111, 1114, 1115 (2018).) Second degree rape includes consensual sex between a minor younger than 14 and a defendant who is younger than 18. Potential penalties include at least three years in prison. The law applies to consensual sex between two minors who are at least 14 but younger than 18. But even if this is true, a defendant cannot rely on a mistake of age—even a reasonable one—to avoid conviction in Oklahoma.
Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. It also includes consensual sex between a minor who is 14 or 15, and a defendant who is 18 or older. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
Most states do not refer specifically to statutory rape; instead they use designations such as sexual assault and sexual abuse to identify prohibited activity.
Regardless of the designation, these crimes are based on the premise that until a person reaches a certain age, he is legally incapable of consenting to sexual intercourse.
The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult. (The marital defense is a remnant of the marital rape exemption.) (Okla. This is because Oklahoma has a marital exemption to the state’s statutory rape laws.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape. 21, § 1123 (2018).) State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes (including some instances of statutory rape) must register as sex offenders. However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married. 21, § 1112 (2018).) However, engaging in sex with a child under the age of 14 is always a serious crime, and a conviction can result in a sentence of up to life in prison.
The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense.