Legal Age of Consent in Oklahoma Defined
The age of consent in Oklahoma is 16, which means that sexual activity with a person under the age of 16 is illegal and can lead to criminal prosecution. Those under the age of consent who engage in sexual activity with someone over the age of 18 may be charged with a crime, even if they consented to the activity. This is known as statutory rape.
There are some exceptions to the law, however. For example, a person may legally consent to sex with an adult if they are between the ages of 14 and 16 and the adult is less than three years older than the minor. A minor who has married can legally consent to sexual activity with an adult .
The laws in Oklahoma also stipulate that any adult engaging in sexual activity with a person under the age of 18 may be prosecuted for child sexual abuse, regardless of whether or not the victim consented or the perpetrator thought the victim was over the age of 18. Oklahoma law will not accept the defense that the accused did not know their victim was a minor.
There is ongoing debate about raising the age of consent to 18 in the state. In fact, in 2015, House Bill 1979, "the Reducing Sexual Violence Act," was introduced to raise the age of consent. However, the bill failed to pass in Oklahoma, along with similar bills in the years that followed.
Although the age of consent in Oklahoma is 16, these laws can be complex. People who are accused of sex crimes, or who have been charged with one, should always seek the counsel of an experienced criminal defense attorney as soon as possible.
Close in Age Exceptions, or Romeo and Juliet Laws
There are several close-in-age exemptions to the age of consent law as set forth in (A)(1) of this section: A person under the age of thirty-three (33) years is exempt from liability under this section if the victim was a person who, at the time of the offense, was sixteen (16) years of age or older, in the care, custody or control of the person charged, and if such person was not treated in a manner as described in paragraph 1 or 2 of subsection A of this section. Paragraph 3 to subsection A of Section 1092 of Title 21 is an exception to the rule of responsibility under the age of consent. When an individual who is under the age of 21, and it is alleged he or she had a sexual relationship with an individual under the age of 16, this exception does not apply if the prosecution can show that the accused caused the victim to be over the age of 16 with fraudulent intentions to this exemption by any of the following means: There can be a concurrence of degrees of culpability in all crimes defined in this chapter. Victim’s testimony insufficient without corroboration. Consent in defense of accusations. If the specific intention of the individual is not in dispute, the provision of the separate degree of culpability of an individual under this section may be hailed into question. The question remains why this exception is only for those under the age of 21? It is clear that any person at any age over the age of 16, male or female, can have those intentions.
Criminal Penalties Under Oklahoma’s Age of Consent Law
In Oklahoma, the legal age of consent to engage in sexual relations of any kind is 16 years of age. In Oklahoma, there are statutory and common law prosecutions for unlawful sexual conduct with minor children.
The Oklahoma criminal statutes provides that:
"Rape as defined in Section 1114 of this title which is committed by a person over the age of eighteen (18) against a victim under the age of sixteen (16) is punishable, upon conviction, by imprisonment for a period not less than five (5) years or more than life imprisonment in custody of the Department of Corrections; provided, if the person convicted pursuant to this section was less than three (3) years older than the victim, the punishment shall be imprisonment in custody of the Department of Corrections for a period of time not less than two (2) years. Rape as defined in Section 1114 of this title which is committed by a person under the age of eighteen (18) against a victim who is at least fifteen (15) but less than sixteen (16) is punishable, upon conviction, by imprisonment for a period of time not less than seven (7) or more than fifteen (15) years in the custody of the Department of Corrections.
Oklahoma’s Age of Consent Compared to Other States
Just like each state has its own laws regarding criminal charges, each state has a slightly different version of the legal age of consent. That means that the requirements for legality aren’t always the same. Oklahoma’s laws regarding the legal age of consent in Oklahoma are similar to many of its neighbors. For example, Texas also has the same age of consent, and Kansas and Missouri are only one year lower at 16. Nebraska has a higher age of consent, requiring partners to be at least 17.
Arkansas, Louisiana, and Mississippi all have a lower legal age of consent than Oklahoma, 16 years of age . New Mexico is the only state bordering Oklahoma that has a legal age of 15, which means residents there run the risk of being prosecuted with a crime that may not be a crime where they live if they cross the state line.
In Oklahoma, as long as both partners are over the legal age of consent, regardless of their gender, any sexual activity performed is not against the law. In other words, consent needs to be given, but the phrase "legally capable" is not limited to heterosexual couples. Oklahoma law states that no one under the age of 16 may legally consent to any sexual activity.
Consent’s Role in Legal Proceedings
In Oklahoma, legal proceedings involving age of consent violations often hinge on how consent is assessed by legal authorities. Furthermore, in Oklahoma, the difference between consent of the parties, or lack thereof, is often critical when determining consequences such as incarceration and/or probation supervision. In addition, the offense charged or pled to can also have a dramatic impact on the availability of alternative or diversionary measures such as deferred sentence or suspended sentences. In Oklahoma law, consent is evaluated based on the age of the parties involved, as well as the difference in ages. If the parties involved are both under 16 years old, the law assumes that consent may be lacking and the defendant could be subject to legal proceedings. However, in the situation where individuals are both over 16 years old or the difference in ages is less than 12 years, consent is not an issue before courts. While the law does not provide for a difference of greater than 12 years between the individuals involved, law enforcement officials and other authorities are expected to perform an assessment to ensure that consent is not an issue in the given circumstances. Unless it can be proven that the consent was lacking or there is a concern of sexual deviance, consent is likely to be a non-issue when it comes to statutory rape cases or sexual assault crimes.
Victim Assistance and Legal Resources
Victims of statutory sexual offenses can find support in a number of places throughout Oklahoma. If you have experienced abuse, or you know someone who has, the resources outlined below may be helpful:
The Role of Child Advocacy Centers
Child advocacy centers (CACs) provide child victims of sexual or physical abuse with a safe place where they can receive necessary medical, legal, law enforcement-related, and counseling services. CACs aim to help children and their parents navigate the complex systems that surround cases of child abuse. Staff members at CACs are well-versed in child psychological evaluations and are committed to helping children recover from any trauma they might have incurred. CAC services include, but are not limited to, advocacy, forensic interviews, medical exams, mental health referrals, and case tracking. CACs provide the specific services you need free of charge.
Victim Advocacy Centers
Similarly, victim advocacy centers offer multi-services for victims of both child and adult sexual assault. Services provided differ by location, but victim advocacy centers often provide legal advocacy services, information regarding the Oklahoma Victim Compensation Act, neighbor-to-neighbor relationships (a program connecting victims with peers who have faced similar circumstances), peer support support groups, crisis response, and victim accompaniment (providing in-person support during hospital visits or legal proceedings). Much like child advocacy centers (CACs) , services at victim advocacy centers are provided free of charge.
Adult Protective Services
Adults over the age of 65 who have suffered sexual assault or harassment can reach out to Adult Protective Services (APS). In addition to serving the elderly, APS serves individuals with disabilities. Staff members will investigate, assess, and remedy issues regarding emotional, financial, physical, sexual, and verbal abuse. APS is not a crisis center, but staff members can assist adults in being connected with the resources they need.
Sexual Assault Hotlines
In Oklahoma, there are various sexual assault hotlines available. Some of these hotlines refer callers to services from CACs and victim advocacy centers. Others focus on a specific segment of the population. For example, the Oklahoma Coalition Against Domestic Violence and Sexual Assault has a 24/7 domestic violence hotline. In addition to being available 24/7, the Oklahoma Coalition’s sexual assault hotline is statewide. This homeopathic hotline provides callers with crisis intervention and support, emergency services referrals, and information about relevant laws and resources.
Counseling Services
While legal counsel may be available through victim advocacy centers, it might also be beneficial to take advantage of counseling services. Private practitioners offering counseling services for victims of sexual assault usually work with insurance providers to cover costs.