Under Oklahoma law, sexual intercourse with a person considered legally unable to consent is considered . There is no law stating a legal "dating age ".
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- In Oklahoma, you're breaking the law if you ...
- Oklahoma’s Statutory Rape Laws and Potential Penalties
- Who You Can Have Sex With In Oklahoma – Oklahoma’s Age Of Consent Law
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- Oklahoma Age of Consent Lawyers | LegalMatch Law Library
Not likely, said Lee Rosen, a family law specialist in North Carolina. A North Carolina law has been on the books more than years called Alienation of Affection.
In Oklahoma, you're breaking the law if you ...
It dates back to when women were treated as the husband's property and allows a person to sue if his wife is taken away. Rosen files lawsuits under the law a couple times a year and settles about 10 yearly. Although Oklahoma does not have this, the state does, like all states, have the breech of promise law that allows the broken hearted to sue runaway brides and nervous grooms. No legislator wants to make it look like they are the guy who thinks that adultery is OK. Megna said the law was written because 50 years ago, shoe sellers would X-ray feet to measure them.
When radiation problems were discovered, the law was written and is still on the books. In Wyoming, you can't shoot fish.
Oklahoma’s Statutory Rape Laws and Potential Penalties
In Oklahoma, you can't do that either, but you can sure thrust your hand down a dark watering hole and pull out a catfish. In a Washington town, motorists with criminal intentions must call the police chief as they enter the town. Megna said many states have laws dating back to statehood that have been overlooked.
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He said some laws being passed today will look ridiculous in 50 years. Some laws may seem silly but have serious reasons behind them, said Cynthia Armstrong, Oklahoma's program manager for the Humane Society of the United States. Oklahoma currently does not have a valid statute that provides an age of consent specifically for homosexual conduct.
However, it can be assumed that it is the same as for heterosexual conduct. Oklahoma state statute provides for punishment as severe as the death penalty for violations of its age of consent laws.
Who You Can Have Sex With In Oklahoma – Oklahoma’s Age Of Consent Law
However, The Supreme Court held that states may not impose the death penalty for statutory rape i. Therefore, it is exceedingly unlikely that such a punishment would actually be imposed. Nevertheless, this indicates how seriously Oklahoma takes sex with minors and their likelihood to impose strict punishments. If you find yourself in a situation where you may have had intercourse with a minor, then a criminal defense lawyer can help you.
Oklahoma has a marital exemption for statutory rape that allows consensual sex between married minors and their adult spouses even though their ages would prohibit it if they were not married. The marital defense is a remnant of the marital rape exemption.
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Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old, willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in Oklahoma, Tony need not fear criminal charges for having consensual sex with Jen. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married.
The law applies to consensual sex between two minors who are at least 14 but younger than However, engaging in sex with a child under the age of 14 is always a serious crime, and a conviction can result in a sentence of up to life in prison. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
Oklahoma Age of Consent Lawyers | LegalMatch Law Library
But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one—to avoid conviction in Oklahoma. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.