Oklahoma Rape in the First Degree — Elements is a criminal offense in Oklahoma that occurs when a person engages in sexual intercourse with another person who is either under the age of 14, or without their consent. There are two types of Oklahoma Rape in the First Degree — Elements: (1) forcible rape and (2) statutory rape. Forcible rape occurs when the offender uses force, violence, or threats of force or violence against the victim to engage in sexual intercourse without the victim’s consent. Statutory rape occurs when the offender engages in sexual intercourse with a person under the age of 14, regardless of whether the victim gave consent or not. In order to be found guilty of Oklahoma Rape in the First Degree — Elements, the prosecution must prove beyond a reasonable doubt that the defendant had a sexual intercourse with the victim, that the victim was under the age of 14 or the victim did not provide consent, and that the defendant used force, violence, or threats of force or violence.
Oklahoma Rape in the First Degree - Elements
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FAQ
Force and resistance. Under the traditional definition, a rape conviction requires proof that the sexual act was committed "forcibly and against the victim's will" (Blackstone, p. 210). Thus, there must be both force and a lack of consent.
(1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or. (b) Kidnaps the victim; or.