Oklahoma Statutes Citationized Title 22. Criminal Procedure

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1 Citationizer Summary of Documents Citing This Document Oklahoma Statutes Citationized Title 22. Criminal Procedure Chapter 2 Section Victim of Rape or Forcible Sodomy-Notice of Rights Cite as: O.S., Upon the preliminary investigation of any rape or forcible sodomy, it shall be the duty of the officer who interviews the victim of the rape or forcible sodomy to inform the victim, or a responsible adult if the victim is a minor child or an incompetent person, of the twenty-four-hour statewide telephone communication service established by the Department of Mental Health and Substance Abuse Services for victims of sexual assault pursuant to Section of Title 43A of the Oklahoma Statutes and to give notice to the victim or such responsible adult of certain rights of the victim. The notice shall consist of handing such victim or responsible adult a written statement in substantially the following form: "As a victim of the crime of rape or forcible sodomy, you have certain rights. These rights are as follows: 1. The right to request that charges be pressed against your assailant; 2. The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available; 3. The right to be informed of financial assistance and other social services available to victims, including information on how to apply for the assistance and services; 4. The right to a free medical examination for the procurement of evidence to aid in the prosecution of your assailant; and 5. The right to be informed by the district attorney of other victim's rights available pursuant to Section of Title 19 of the Oklahoma Statutes." The written notice shall also include the telephone number of the twenty-four-hour statewide telephone communication service established by the Department of Mental Health and Substance Abuse Services in Section of Title 43A of the Oklahoma Statutes. Added by Laws 1982, c. 220, 2; Amended by Laws 2000, SB 1516 c , eff. June 06,2000 (superseded document available); Amended by Laws 2002, SB 1650, c. 466, 2, emerg. eff. June 5, 2002 ( superseded document available ).

2 Citationizer Summary of Documents Citing This Document Oklahoma Session Laws O.S.L. 466, 2002 O.S.L. 466, Criminal procedure; relating to victims protection orders for victims of rape and forcible sodomy; deleting certain definitions. Emergency. Discussed Citationizer: Table of Authority Oklahoma Statutes Citationized, Title 19. Counties and County Officers 19 O.S , Victims and Witnesses Services. Cited Oklahoma Statutes Citationized, Title 22. Criminal Procedure 22 O.S. 40.1, Victim of Rape or Forcible Sodomy-Notice of Rights Cited Oklahoma Statutes Citationized, Title 43A. Mental Health 43A O.S , Twenty-four-hour statewide telephone communication service - Purpose. Discussed Oklahoma Statutes Citationized Title 21. Crimes and Punishments Chapter 45 Section Rape Defined Cite as: O.S., A. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances: 1. Where the victim is under sixteen (16) years of age; 2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent; 3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person; 4. Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; 5. Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; 6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;

3 7. Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim; or 8. Where the victim is at least sixteen (16) years of age and is less than eighteen (18) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system. B. Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person. R.L.1910, Laws 1981, c. 325, 1; Laws 1983, c. 41, 4, eff. Nov. 1, Amended by Laws 1983, c. 41, 1, eff. Nov. 1, 1983; Laws 1984, c. 134, 1, eff. Nov. 1, 1984; Laws 1990, c. 224, 2, eff. Sept. 1, 1990; Laws 1993, c. 62, 1, eff. Sept. 1, 1993; Laws 1995, c. 22, 1, eff. Nov. 1, 1995; Laws 1999, c. 309, 2, eff. Nov. 1, 1999; Laws 2001, c. 51, 4, eff. July 1, 2001; Laws 2002, c. 22, 9, emerg. eff. March 8, Citationizer Summary of Documents Citing This Document Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met. Amended by Laws 1987, c. 224, 7, eff. Nov. 1, Oklahoma Statutes Citationized Title 21. Crimes and Punishments Chapter 45 Section Rape in First Degree-Second Degree Cite as: O.S., A. Rape in the first degree shall include: 1. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or

4 2. rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or 3. rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or 4. rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or 5. rape by instrumentation committed upon a person under fourteen (14) years of age. B. In all other cases, rape or rape by instrumentation is rape in the second degree. Amended by Laws 1983, c. 41, 2, eff. Nov. 1, 1983; Laws 1986, c. 179, 3, eff. Nov. 1, 1986; Laws 1990, c. 224, 3, eff. Sept. 1, The essential guilt of rape or rape by instrumentation, except with the consent of a male or female over fourteen (14) years of age, consists in the outrage to the person and feelings of the victim. Any sexual penetration, however slight, is sufficient to complete the crime. R.L. 1910, 2416; Laws 1981, c. 325, 4. A. A Sexual Assault Examination Fund shall be established for the purpose of providing to a victim of a sexual assault a medical examination by a qualified licensed health care professional for the procurement of evidence to aid in the investigation and prosecution of a sexual assault offense and to provide to the victim medications as directed by said health care professional. Pursuant to this subsection, medications provided to the victim by said health care professional shall only be provided to said victim on a one-time basis for the immediate trauma and medical examination of the victim. B. As used in this section: 1. "Sexual assault" means:

5 a. Rape, or rape by instrumentation, as defined in Sections 1111, and 1114 of this title, or b. Forcible sodomy, as defined in Section 888 of this title; and 2. "Qualified licensed health care professional" means a physician, registered nurse, or other licensed health care professional qualified by training and experience to perform sexual assault examinations. C. The Crime Victims Compensation Board is authorized to pay for this examination and the medications directed by the qualified licensed health care professional upon application submitted by the victim of a sexual assault and approved by the district attorney or assistant district attorney who has jurisdiction over the prosecution of the sexual assault offense. D. The Crime Victims Compensation Board shall establish the procedures for disbursement of the Sexual Assault Examination Fund, but in no event shall the Crime Victims Compensation Board pay an amount to exceed: 1. Two Hundred Fifty Dollars ($250.00) for a sexual assault examination; and 2. Fifty Dollars ($50.00) for medications which are related to the sexual assault and directed and deemed necessary by said health care professional. Such payments shall not exceed the amounts specified by this subsection regardless of the amount of any individual bills comprising the claim. Payments shall be made only upon claims submitted by the victim and approved by the district attorney or assistant district attorney. E. The District Attorneys Council is hereby authorized to transfer up to Two Hundred Seventy-five Thousand Dollars ($275,000.00) from the Crime Victims Compensation Fund to the Sexual Assault Examination Fund for the payment of sexual assault forensic examinations and medications, pursuant to this section. Oklahoma's Rape Shield Statute: Does It Live Up To Its Name Stephen A. Kunzweiler 24 TLJ 137 (1988) This comment examines the conflicts that exist between the Oklahoma rape shield statute and the sixth amendment of the United States Constitution. Oklahoma enacted its rape shield statute to prevent a defendant from entering evidence concerning a claimants prior sexual history to prove consent, unless the prior sexual conduct took

6 place in front of or with the accused, or, if the prosecution introduces such evidence. However, this statute conflicts with the sixth amendment right to bring forth evidence in one's defense. The Oklahoma statute does not consider that a defendant may have reasonably believed consent based on knowledge of the complainant's prior sexual conduct, nor that the prosecution may introduce evidence of post traumatic stress disorder. Therefore, Oklahoma s legislature should redraft the statute to more specifically limit inquiry into past sexual conduct.

Sex Crimes: Definitions and Penalties Oklahoma

Sex Crimes: Definitions and Penalties Oklahoma Rape in the First Degree Last Updated: December 2017 How is it defined? What are the punishments for this crime? Anything else I should know? Rape or rape