What’s The Age of Consent in Oklahoma
The legal age of consent in Oklahoma is sixteen years old. Oklahoma law states that "consent" for sexual activity can be given or denied from the age of sixteen and up. As the law defines it, "consent" means "those words or overt acts indicating a freely given agreement as to the action in question." The law also indicates that the following are not consent: when an is incapable of giving consent because of a deceiving devise , if threatened or coerced in any manner by fraudulent means to willingly participate in the prohibited act of sexual activity, or knowingly and voluntarily chooses to participate without coercion, deception, force or threat thereof.
Factors Impacting Age of Consent Laws
The establishment of the age of consent and the accompanying legal penalties for any activity that takes place before that age is deeply rooted in the protection of minors. It is likely that you can guess as much based on the name of the offense itself. When the youthful brain is still underdeveloped, individuals are less equipped to make smart decisions and separate themselves from undesirable influences. Though most states will view the participation in sexual activity by a minor as illicit in most cases, the severity of the punishment often hinges upon the ages of the two parties and that may dictate whether even adult participants in a sexual act with a minor could face criminal charges at all.
The key to determining whether any legal protection is needed or warranted involves a situation-by-situation analysis of the ages of those involved, their capacity to understand the consequences of their actions and the issues that are related or connected to sexual activity.
Cultural forces also strongly influence age of consent laws and the reasons for their establishment. Establishments like marriage and other long-term relationships between adults and minors are culturally and socially accepted in some areas while they are saliently condemned by others. As a consequence, the definition of consent can be deeply influenced by religious, cultural or related convictions about appropriate behavior and the part of those individuals. To this end, the age at which an individual may enter into a marriage agreement without the permission of spouses varies between states, and this creates considerable confusion for victims of abuse.
Age of Consent Exceptions
In certain circumstances, there are exceptions under Oklahoma law to the legal ramifications of consent between teenagers. One such exception is when two consensual teenagers are "close in age." For example, a sexual relationship involving a 17-year-old and a 19-year-old may be permissible under the close-in-age exemption. Under Oklahoma House Bill 2546, which went into effect on November 1, 2016, the close-in-age exemption permits for consensual sexual intercourse between two offenders who are at least 14 years old and less than 18 years old. The exemption applies if: (1) a defendant is less than three years older than the victim and (2) the relationship is not otherwise prohibited by law.
Depending on the defendant’s age, the crime of rape is found in the following provisions of the Oklahoma statutes: As a result of the amendments to Oklahoma law impacting close-in-age exemptions, defense attorneys have successfully challenged first strikes in rape cases. Current law, however, permits repeat offenders to be sentenced to life imprisonment upon conviction for a second-degree rape. Close-in-age exemptions, though, have no impact upon a child sexual abuse case. If a child under the victimization age of 13, which is 16 under Oklahoma law, is victimized, the defendant may be charged with one or more of the following: In particular, Oklahoma law exposes defendants to long sentences and minimum time served for a conviction of forcible sodomy of a victim who is less than 13 years of age.
The close-in-age exemption does not act as an affirmative defense. Rather, it is an indigent criminal defendant’s burden to insert the affirmative defense into the record to preserve the close-in-age exemption for trial. The affirmative defense does not impact the determination of guilt or innocence but merely negates liability.
Legal Implications of Breaking Age of Consent Laws
The legal repercussions of having sex with someone below the age of consent are severe. In Oklahoma, for example, sex with a person under 16 is a felony, resulting in anywhere from one to 20 years in prison — along with a permanent and destructive sex offender registration requirement.
The law covers more than just intercourse. It also includes anal and oral sex, as well as in some cases even just touching. Oklahoma is known to treat these crimes extremely harshly, and it is important to understand how and why the state prosecutes and sentences these offenses. Here is an overview:
Statutory Rape
130, 131 and 132 all refer to the rape of a child under the ages of 14, 16 and 18 respectively, meaning the accused had sex with a child under that age. Rape of a child under the age of 14 is typically a first-degree felony.
If the minor was between the ages of 14 and 16, the charge would likely be second-degree felony , while it would be a third-degree felony if the underage victim was between the ages of 16 and 18.
Sodomy
This is when an accused individual has anal or oral sex. If this occurred with a victim under the age of 16, it would be a first-degree felony charge. If it was between 14 and 16, it would be charged as a second-degree felony and if between 16 and 18 it would be a third-degree felony.
Consent is not a defense
While statutory rape and sodomy are rarely forced, it is important to understand that consent is not a defense. Even if a defendant can prove that the crime was consensual, the fact remains that consent does not matter in cases where the victim was below the age of consent. There are serious ongoing discussions in the court systems about whether this piece of criminal law needs to be updated, but it currently stands — perhaps even as a trap for the unwary.
Oklahoma Law vs. Other States
In addition to the variances between Oklahoma and the other states, there are also substantial differences between the various states that surround Oklahoma. For instance, Arkansas, like Oklahoma, has an age of consent set at the age of 16. However, there are two exceptions to that codified threshold set forth in Ark. Code Ann. § 5-14-103(a)(1). First, like Oklahoma, if the victim is 14 or 15 years old and the accused is at least three years older than the victim, then the consensual sexual contact falls into a criminal statute. Ark. Code Ann. § 5-14-103(a)(2). Second, and unlike Oklahoma, if the victim is 14 or 15 years old and the accused is at least ten years older than the victim, the code section creates an affirmative defense to the non-consensual sexual conduct. Ark. Code Ann. § 5-14-103(c)(2).
Texas is another state with an age of consent of 17. Tex. Penal Code Ann. § 21.11. However, similar to Arkansas, if the victim is 13 or 14 years old and the accused is three or more years older than the victim, the consensual sexual conduct is a violation of the Penal Code. Tex. Penal Code Ann. § 21.11(b)(2).
The state of Missouri also sets the age of consent at 17. Mo. Stat. § 566.034. There is an exception that is enumerated in provisions concerning statutory rape. The victim can be 14 years old and the accused must be at least 17 years old. Mo. Stat. § 566.034(2)(3).
Other states in the region follow a similar path to Oklahoma. Kansas and New Mexico both set the age of consent at 16. Ark. Code Ann. § 5-14B-102; N.M. Stat. § 30-9-13. Missouri, Nebraska, and Texas set the age of consent at 17. See Mo. Stat. § 566.034; Neb. Rev. Stat. § 28-316; Tex. Penal Code Ann. § 21.11. These states have similar exceptions that are found in Oklahoma law.
Useful Links for Age of Consent
For anyone involved in a case that has age of consent issues, legal resources abound in Oklahoma. The Oklahoma Bar Association has a referral service that can help people find a lawyer for those confusing and difficult situations. The Oklahoma Bar Association includes 19 members in the Family Law Section and four members in the Juvenile Law Section. Victims of sexual crimes may find resources through the YWCA of Oklahoma City and Tulsa . These groups include public education, professional training, advocacy and case management. Survivors of this type of abuse need support and understanding from those who have the proper credentials to help them. Support groups, education about their rights, referrals to counseling services, legal guidance and crisis intervention are some of the ways that these organizations assist survivors.