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Can you be charged with rape if you had consent?

On Behalf of | Nov 21, 2022 | Sex Crimes |

Being accused of rape can be shocking, especially if you think you didn’t do anything wrong – and that does happen. Understanding this charge may help you determine what you need to do if you find out you’re facing charges. 

In general, rape occurs when there’s non-consensual sexual contact involving anal or vaginal penetration, but you can also be charged with rape under certain situations even when you have consent. 

When is consent not really consent?

In some cases, facing a rape charge is possible even if you have consent. These include cases in which the victim is:

  • Under 16 and the other party is 18 or older
  • Incapacitated or mentally unsound
  • Unconscious or heavily intoxicated
  • Under 14 and the other party is under 18 

Adults who work for school systems can face charges of rape if have intercourse with a student at their school who’s 20 years old or younger. Charges are also possible for people who work for the government if they have intercourse with someone who’s in the legal custody of the agency.

Types of rape charges and possible sentences in Oklahoma

There are two types of rape in Oklahoma – first-degree and second-degree. Both of these are felonies. First-degree rape can lead to the death penalty, life without parole, life with parole or a prison sentence of at least five years. Second-degree rape can lead to prison for 1 to 15 years. 

Anyone who’s facing rape charges should get to work on their defense strategy immediately. Working with someone who can explain your options and provide an overview of how they might impact you can help you make a decision about the direction of your defense.