In Oklahoma, there are two types of rape: first degree rape and second degree rape. While people hear of crimes including statutory rape and date rape, these are not legal terms; rather, they describe the conditions of a first degree or second degree rape.
The determination of whether a rape is charged in the first or second degree depends upon certain factors associated with the crime , but whether or not the victim was a dating partner of the perpetrator does not determine the severity of the offense.
Date rape is a commonly known term that refers to the rape of a person who is a friend, dating partner, or romantic interest of the perpetrator of the rape. Often, it occurs when a victim willingly goes out with a person who then refuses to take "no" for an answer. The attacker may use "date rape drugs" such as Rohypnol roofies , Klonopin, or Xanax as a means of forcing submission, or he may take advantage of a heavily intoxicated and unconscious victim. In Oklahoma, forcible rape, rape of an unconscious victim, and forcing submission through use of drugs or anesthetizing agents are considered first degree rape.
First degree rape is a felony punishable by a minimum of five years in prison and a maximum of life without parole. It is accompanied by mandatory lifetime sex offender registration as a Level 3 offender. If an adult over the age of 18 has sex with a person under the age of 16, regardless of the younger person's willingness to engage in sexual activity, the adult may be charged with second degree rape.
In Oklahoma, no one under the age of 16 is legally able to consent to sex. Conviction of second degree rape carries a prison sentence of 1 to 15 years, and like first degree rape, it requires lifetime registration as a Level 3 sex offender. Many people believe that marriage bestows "marital rights" on the spouses. However, those rights should be based on mutual love and respect. The state of Oklahoma forbids forcible sex with any person who does not consent to sexual intercourse, even if that person is the spouse of the perpetrator.
