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SEX CRIMES

"By its very nature, rape displays a "total contempt for the personal integrity and autonomy" of the victim; 'short of homicide, [it is] the "ultimate violation of self.’"

Coker v. Georgia, 433 U.S. 584, 597, 603 (1977)

"Along with other forms of sexual assault, it belongs to that class of indignities against the person that cannot ever be fully righted, and that diminishes all humanity”

Mary M. v. City of Los Angeles, 54 Cal.3d 202,222 (1991)

Rape, and other sex crimes, are reviled by society as is evidenced by the quotes above.  Rape is often described as the ultimate violation of a person and only second in heinousness to Murder.  We often hear the terms murderers and rapists used in the same sentence when talking of violent crimes like they are equals; and that is exactly how society views them, as equals.  The seriousness of a Rape charge is reflected by the punishment an individual faces if convicted of the the crime.  In Oklahoma Rape can carry up to life in prison at 85%, meaning a person would have to serve a minimum of 85% of the sentence they received before being eligible for parol.

In addition to a possible Life sentence the individual who is found guilty of Rape will be compelled to register as a sex offender, possibly for the rest of their life.  Registration as a sex offender is like being tattooed with a scarlet letter letting the world know that this is a dangerous sexual predator regardless of the facts of their case.  Being on the sex offender registry places numerous restriction on a person including dictating the places that the individual may live or visit and also may even affect who the individual can interact with.  In short, registration as asexual offender has a devastating effect on a persons everyday life.  

The stakes are high when a person is charged with rape as they could face spending the rest of their life in prison if convicted of the charges. When an individual is facing a Rape accusation it is imperative that they hire high quality legal representation as their choice in attorneys can be the difference between walking away free and being branded a rapist for the rest of their life.

Mark Cagle and Stephen Lee have dedicated their careers to representing individuals charged with violent crimes, including Rape.  Mark Cagle and Stephen Lee have represented numerous individuals charged with rape over the course of their careers with a high degree of success, including dismissals and working deals that do not involve sex offender registration.

Unfortunately rape, and other sex crimes, can be one of the most falsely reported crimes.  Whether it is a case of false reporting or even if a deal needs to be worked Mark Cagle and Stephen Lee are the right attorneys for the job.  Mr. Cagle and Mr. Lee will craft a personalized defense to the charge to obtain the best result possible.

If you or a loved one has been charged with rape, or other sex crimes, excellent representation is an absolute necessity.  In a Rape case an individual is in a fight for their life and no one is better at fighting for their clients than Mark Cagle and Stephen Lee.


RAPE IN THE FIRST DEGREE

21 O.S. 1114 Rape in the First Degree

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

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 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; or

4. rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or

5. 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

6. 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

7. rape by instrumentation committed upon a person under fourteen (14) years of age.

Elements of Rape in the First Degree

No person may be convicted of rape in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, sexual intercourse

Second, with a person who was not the spouse of the defendant [and who may be of the same sex as the defendant];

[Third, where the defendant was over the age of eighteen, and the victim was under the age of fourteen].

OR

[Third, where the victim was incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent].

OR

[Third, where the victim was intoxicated by a/an narcotic/(anesthetic agent);

[Fourth, (given by)/(with the knowledge of) the defendant;

[Fifth, as a means of forcing the victim to submit].

OR

[Third, where the victim was at the time unconscious of the nature of the act and this fact was known by the defendant].

OR

[Third, [where force/violence was used against (the victim)/(another person)]/ [where force/violence was threatened against (the victim)/(another person) and the defendant had the

apparent power to carry out the threat of force/violence].

Punishment for Rape in the First Degree

Rape in the first degree is a felony punishable by death or imprisonment in the custody of the Department of Corrections, for a term of not less than five (5) years, life or life without parole. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. Any person convicted of a second or subsequent violation of subsection A of Section 1114 of this title shall not be eligible for any form of probation. Any person convicted of a third or subsequent violation of subsection A of Section 1114 of this title or of an offense under Section 888 of this title or an offense under Section 1123 of this title or sexual abuse of a child pursuant to Section 843.5 of this title, or any attempt to commit any of these offenses or any combination of these offenses shall be punished by imprisonment in the custody of the Department of Corrections for life or life without parole.

RAPE IN THE SECOND DEGREE

21 O.S. 1114 Rape in the Second Degree

In all other cases, rape or rape by instrumentation is rape in the second degree.  

*   Rape in the second degree is anything that does not fit the rape in the first degree statute. We often see the charge of Rape in the Second Degree in cases where consent is an issue such as an alleged date rape scenario.  We also see rape second in situations where the accused is over 18 and the “victim” is over the age of 14 but under the age of 16. Rape in the Second Degree is a very broad statute that can encompass a large variety of actions and gives the prosecution a large amount of discretion when deciding to charge an individual. For more on this topic please read our blog “A Necessary Conversation with Your Child”.

Elements of Rape in the Second Degree

No person may be convicted of rape in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, sexual intercourse;

Second, with a person who is not the spouse of the defendant [and who may be of the same sex as the defendant];

[Third, where the victim was under the age of sixteen].

OR

[Third, where the victim was under the belief induced by the defendant that the victim was having intercourse with his/her spouse].

OR

[Third, where the victim was under the legal custody/supervision;

Fourth, of a (state/federal agency)/county/municipality/(political subdivision); and

Fifth, the defendant was an employee/(employee of a contractor of)/the (state/federal agency)/county/municipality/(political subdivision) that exercised authority over the victim;].

OR

[Third, where the victim was between sixteen and twenty years of age;

Fourth, the victim was a student/(under the legal custody/supervision) of a/an (elementary/secondary school)/(junior high)/high/(public vocational) school;

Fifth, the defendant was eighteen years of age or older; and

Sixth, the defendant was an employee of the victim's school system].

OR

Third, where the victim was nineteen years of age or younger; and

Fourth, in the legal custody of a (state/federal agency)/(tribunal court); and

Fifth, the defendant was a (foster parent)/(foster parent applicant).

Punishment for Rape in the Second Degree

Rape in the second degree a felony punishable by imprisonment in the State Penitentiary not less than one (1) year nor more than fifteen (15) years.

SEXUAL BATTERY

21 O.S. 1123 (B) Sexual Battery

No person shall commit sexual battery on any other person. "Sexual battery" shall mean the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner:

1.     Without the consent of that person;

2. When committed by a state, county, municipal or political subdivision

employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state;

3. When committed upon a person who is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or in the legal custody or supervision of any public or private elementary or secondary school, or technology center school, by a person who is eighteen (18) years of age or older and is an employee of the same school system that the victim attends; or

4. When committed upon a person who is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or a tribal court, by a foster parent or foster parent applicant.

As used in this subsection, "employee of the same school system" means a teacher, principal or other duly appointed person employed by a school system or an employee of a firm contracting with a school system who exercises authority over the victim.

Elements of Sexual Battery

No person may be convicted of sexual battery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the defendant intentionally;

Second, touched/felt/mauled;

Third, in a lewd and lascivious manner;

Fourth, the body/(private parts);

Fifth, of a person sixteen years of age or older;

Sixth, without his/her consent.

OR

First, a state/county/municipal/(political subdivision) employee/contractor/[employee of a contractor of (the state)/(a county/municipality/(political subdivision of Oklahoma)] ;

Second, intentionally;

Third, touched/felt/mauled;

Fourth, in a lewd and lascivious manner;

Fifth, the body/(private parts);

Sixth, of a person sixteen years of age or older;

Seventh, who was under the legal custody, supervision or authority of the (state agency)/county/municipality/(political subdivision) of Oklahoma.

OR

First, the defendant was eighteen years of age or older;;

Second, the defendant was an employee of the victim's school system;

Third, and intentionally;

Fourth, touched/felt/mauled;

Fifth, in a lewd and lascivious manner;

Sixth, the body/(private parts);

Seventh, of a person at least sixteen years of age and less than twenty years of age;

Eighth, who was a student/(person under the legal custody/supervision) of a public/private (elementary/secondary/(technology center) school.

OR

First, the defendant was a (foster parent)/(foster parent applicant); and

Second, intentionally;

Third, touched/felt/mauled;

Fourth, in a lewd and lascivious manner;

Fifth, the body/(private parts);

Sixth, of a person who was nineteen years of age or younger;

Seventh, when the person was in the legal custody of a (state/federal agency)/(tribal court).

The words "lewd" and "lascivious" have the same meaning and signify conduct which is lustful and which evinces an eagerness for sexual indulgence.

[An "employee of the victims school system" means a teacher, principal or other duly appointed person employed by a school system or an employee of a firm contracting with a school system who exercises authority over the victim.]

Punishment for Sexual Battery

Any person convicted of any violation of this subsection shall be punished by imprisonment in the custody of the Department of Corrections for not less than three (3) years nor more than twenty (20) years, except when the child is under twelve (12) years of age at the time the offense is committed, and in such case the person shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years. The provisions of this subsection shall not apply unless the accused is at least three (3) years older than the victim, except when accomplished by the use of force or fear. Except as provided in Section 51.1a of this title, any person convicted of a second or subsequent violation of this subsection shall be guilty of a felony punishable as provided in this subsection and shall not be eligible for probation, suspended or deferred sentence. Except as provided in Section 51.1a of this title, any person convicted of a third or subsequent violation of this subsection shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, Section 888 of this title, sexual abuse of a child pursuant to Section 843.5 of this title, or of any attempt to commit any of these offenses or any combination of convictions pursuant to these sections shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole.

ASSAULT WITH INTENT TO COMMIT A FELONY

 21 O.S. 681 Assault with Intent to Commit a Felony

Any person who is guilty of an assault with intent to commit any felony, except an assault with intent to kill, the punishment for which assault is not otherwise prescribed in this code, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

Elements of Assault with Intent to Commit a Felony

No person may be convicted of assault with intent to commit a felony unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, an assault;

Second, upon another person;

Third, with the intent to commit the felony of [Indicate Specific Felony];

Fourth, the elements of the [Indicate Specific Felony] defendant is alleged to have been in the commission of are as follows:

[Give Elements of Specific Felony].

Punishment for Assault with Intent to Commit a Felony

0-5 years on the Department of Correction or up to 1 year in the county jail and a $5,000 fine.

* This statute is mentioned in this section because some sexual based crimes came be plead down to Assault with Intent to Commit a Felony to avoid sex offender registration.

 

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