Before 1993, Oklahoma spouses who were raped would only see a trial if they had a pending divorce, separation, or restraining order. Laws surrounding spousal rape are still relatively new. Today, statistics suggest that husbands and ex-husbands commit about nine percent of all rapes.
These laws exist to protect the unwilling victims of spousal rape. And those convicted of spousal rape face serious penalties, such as time in prison and loss of reputation.
Continue reading to learn more about spousal rape charges and what you should do if someone accuses you of spousal sexual assault. You may build a defense if you educate yourself on the circumstances.
What Is Spousal Rape?
Rape is a type of sexual assault in which an individual engages in sexual intercourse with a non-consenting person. In Oklahoma, the law does not determine marriage to be grounds for automatic consent to sexual activity.
In Oklahoma, the law distinguishes between rape of non-spouses and rape of spouses. In the cases of spousal rape, the law states that force or violence had to accompany the assault. Additionally in Oklahoma, using drugs or alcohol to influence a person to submit to sexual intercourse is not criminal if the alleged victim is the spouse of the accused.
According to Oklahoma law, spousal rape also includes tricking one's spouse into believing they are having marital intercourse, but they are actually being forced to engage in intercourse with somebody else. This act does not have to include violence to be considered rape.
What Are Penalties for Spousal Rape?
Rape is a serious charge with severe penalties. Without aggravating circumstances, the law typically charges rape as a second-degree felony. If convicted of a second-degree felony rape, a person can face between 1 and 15 years in prison.
The law may consider spousal rape a first-degree felony with aggravated circumstances, such as intense violence. The minimum prison sentence for a first-degree felony is five years of prison time.
Fighting rape charges is critical because a rape conviction can include loss of reputation, loss of income, and loss of social life. In some situations, you may have to file as a registered sex offender. This punishment can follow you for the rest of your life.
How Can You Defend Yourself Against False Accusations of Spousal Rape?
One of the best things you can do to protect yourself against false accusations of spousal rape is to hire a strong criminal defense attorney. Even accusations of rape can tear apart your reputation and affect your entire world.
With your defense attorney, you may argue that sexual intercourse with a spouse involved no physical harm or force. According to Oklahoma's laws, spousal rape does not apply to most cases in which force or violence are not involved.
False accusations could come from a spouse who is angry with you or trying to retaliate amid a separation or divorce. False accusations can also come from law enforcement.
You might also be able to argue that the interaction involved no intercourse. Perhaps another individual misunderstood an interaction between you and your spouse, or someone may have influenced your spouse to make claims about you during the divorce or separation process.
The Kanehl Law Firm is familiar with cases like yours. When you face a serious accusation, you need someone on your side, defending you. Our law firm provides assertive representation to understand all the facts and provide you a fair chance at court. When you need a legal defense, we do our best to protect your rights. Call today to set up a free consultation with a knowledgeable defense attorney.