What is the legal definition of rape and sexual offenses?
Rape is when sexual intercourse is accomplished under any of the following circumstances:
- when you are less than 16 years old;
- when you have mental illness or any other mental condition that makes you incapable of giving consent;
- when force or violence is used or threatened when you believe that the offender is able to carry out that threat;
- when you are intoxicated due to the offender’s actions (and the reason that the offender got you intoxicated is so that you would not resist being raped);
- when you are unconscious and the offender knows you are unconscious;
- when you agree to intercourse under the belief that the offender is your spouse due to deceit;
- when you are under custody of a state agency, a federal agency, a county, a municipality or a political subdivision and the offender is an employee or contractor with one of these agencies;
- when you are at least 16 years old and younger than 20 years old and are also a student or under legal custody or supervision of a public or private elementary or secondary school, junior high or high school, or public vocational school and the offender is 18 years old or older and an employee of the same school system; or
- when you are 19 years old or younger and under custody of a state agency, federal agency, or tribal court and the offender is a foster parent or foster parent applicant.*
The legal definition of a sex offense includes several different crimes of a sexual nature, including sexual assault, trafficking, sexual exploitation, and child sexual abuse.** You can read a full list of crimes that are considered sex offenses here.
* 21 O.S. § 1111(A)
** 22 O.S. § 40(6)