Oklahoma Spousal Rape in the First Degree — Elements is a state law that criminalizes certain types of sexual assault between spouses. This law applies to all married couples, regardless of gender. The elements of Oklahoma Spousal Rape in the First Degree are as follows: 1. The accused must have intentionally engaged in sexual intercourse with the victim without the victim’s consent. 2. The accused must have used force, violence, duress, or fear of immediate and great bodily harm. 3. The accused and the victim must have been married at the time of the offense. 4. The victim must have sustained serious bodily injury or death as a result of the offense. Oklahoma Spousal Rape in the First Degree can be charged as either a felony or a misdemeanor depending on the circumstances of the case. If convicted, a defendant may face up to life in prison and/or a fine of up to $25,000.
Oklahoma Spousal Rape in the First Degree - Elements
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A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person: By forcible compulsion; or. Who is incapable of consent by reason of being physically helpless; or. Who is less than eleven years old; or.
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.