Rape and Sexual Abuse Lawyer Oklahoma City

Name: Rape and Sexual Abuse
Brand: Stipe & Belote
Rating: 4.9 (306 reviews)

There is an epidemic of sexual abuse in our country. Statistics reported by the Rape, Abuse & Incest National Network (RAINN) reveal that each year in the U.S., more than 320,000 people – men and women – are sexually assaulted or raped, and 63,000 children fall victim to sexual abuse.

Stipe & Belote Protect Your Rights and Obtain Justice

The stark reality is that a sexual assault occurs every 98 seconds. In addition to suffering from the emotional trauma that sexual assault and rape causes, victims of sexual assault also suffer economically due to medical expenses and lost income. If you or a loved one have been the victim of sexual assault or rape, please call us for a free consultation. We will do everything within our power to hold the wrongdoer accountable. The legal team at The Law Offices of Stipe & Belote is well-versed in these frameworks and is prepared to advocate for you.

Legal Definitions and Framework

Consent is a fundamental concept in sexual assault laws. Legally, consent must be:

Informed: You must have knowledge of the exact nature of the act.
Voluntary: Your agreement or permission should not be coerced or influenced by any form of pressure.
Active: Consent must be an active, ongoing process. It can be revoked at any time.

Any sexual act without your consent is classified as sexual abuse or rape.

Legislation provides the backbone for addressing rape and sexual abuse:

Title IX: Protects you from sex discrimination in any education program or activity receiving federal financial assistance.
The Violence Against Women Act (VAWA): Offers protection and resources if you are a victim of sexual violence.
State Laws: Each state has specific statutes defining sexual offenses and consent, essential for your protection under the law. It's vital to be aware of the laws in your jurisdiction.

The criminal justice system encompasses various roles, each integral to enforcing the law:

Law Enforcement: Responsible for the initial response to a sexual assault report and investigating the crime.
Prosecutors: They represent the state and are tasked with proving the offense in court beyond a reasonable doubt.
Judiciary: Judges oversee the legal process and protect your rights throughout the trial. They also impose sentences on those found guilty.

What is the Legal Difference Between Rape and Sexual Abuse?

Rape is a form of sexual assault that involves forced sexual intercourse against a person's will, usually requiring proof of penetration and the use of force or threat. It is considered a serious felony in most legal systems.

On the other hand, sexual abuse is a broader term that encompasses various unwanted sexual activities. It can involve sexual touching, exploitation, or exposing oneself to another without consent, and is not limited to intercourse. The severity and circumstances of the act determine whether sexual abuse is classified as a misdemeanor or a felony.

Rape

Involves forcible sexual intercourse.
Requires proof of penetration.
Is always considered a felony.
Typically carries a more severe penalty.

Sexual Abuse

Can include a wider range of non-consensual sexual acts.
Proof of penetration is not always necessary.
Can be classified as a misdemeanor or felony.
Has a variable penalty range based on the severity of the acts.

Oklahoma Rape and Sexual Abuse Laws

In Oklahoma, your protection against sexual abuse and rape is defined by specific statutes. Sexual assault is defined broadly, covering a range of non-consensual sexual activities.

Rape in Oklahoma can be categorized under first-degree and second-degree:

First-degree rape occurs when sexual intercourse is forced or if the victim is unconscious or otherwise incapable of giving consent
Second-degree rape typically includes acts of sexual intercourse that may not be forcible but involve victims who are not legally capable of consent due to age or custodial circumstances

In Oklahoma, the legal age of consent is 16 years old, but the law includes a "Romeo and Juliet Rule.” The "Romeo and Juliet Rule" provides some leniency for individuals close in age who engage in consensual sexual activity, aiming to prevent harsh legal consequences for such cases. This provision acknowledges that the age difference between partners in certain situations may not warrant the same level of legal scrutiny as in other cases.

CRIME	STATUTE	PENALTY
First-degree rape	21 Okl. St. § 1114	Felony, up to life in prison
Second-degree rape	21 Okl. St. § 1115	Felony, 1 to 15 years in prison
Forcible sodomy	21 Okl. St. § 888	Felony, up to 20 years in prison
Sexual battery	21 Okl. St. § 1123	Felony, up to 10 years in prison

Victims' Rights in Oklahoma

If you're a victim of sexual abuse, it's essential to report the crime to local law enforcement. Oklahoma's rape shield law protects your privacy during legal proceedings by restricting the use of evidence about your past sexual behavior during the trial.

You also have the right to receive the following:

Medical care without cost
A forensic sexual assault examination
Information about legal rights and remedies
Protection from intimidation and harassment

You may also seek a protective order, which is a court order that restrains the accused from engaging in certain behaviors, including contact with you.

Do I Need a Lawyer as a Rape or Sexual Abuse Victim?

If you are a victim of rape or sexual abuse, we insist you contact a lawyer specialized in this field who can provide you with the support and guidance needed throughout the legal process.

Here's why engaging a lawyer is beneficial:

Legal Protection

Your lawyer will protect your rights and ensure that you are treated fairly within the criminal justice system.

Confidentiality

Conversations with your attorney are confidential, meaning you can discuss your case's intimate details without fear.

Guidance

The legal system can be overwhelming. Your attorney can help you understand your options and the possible outcomes of your case.

Representation

If you choose to pursue legal action, your lawyer will be your voice in court, advocating on your behalf.

Compensation

While no amount of money can undo the harm done, an attorney can fight for compensation that can aid in your recovery.

Remember, you do not have to go through this alone; a legal advocate can provide essential support and help you navigate the path to justice and healing.

Do I Need a Lawyer if I'm Being Accused of Rape or Sexual Assault?

If you find yourself accused of rape or sexual assault, it is crucial to consider legal representation. Such serious allegations can profoundly impact your life, including your reputation, career, and personal relationships.

Below are reasons why having a lawyer is essential:

A lawyer has a deep understanding of the legal system
They are trained to navigate complex legal procedures
An experienced lawyer can develop a robust defense strategy
They can identify weaknesses in the prosecution's case
Lawyers often negotiate with prosecutors, which might result in reduced charges or penalties
They can handle plea bargains if that is an option
You benefit from professional representation in court
Your lawyer will articulate your defense and ensure your rights are protected throughout the legal process.
They provide a degree of emotional support by guiding you through the stress of criminal proceedings

Remember, every individual has the right to legal representation and a fair trial according to the law. Choosing to work with a lawyer does not imply guilt; it ensures your rights are safeguarded.

Can I Recover a Damages Award in Rape and Sexual Abuse Cases?

If you are a victim of rape or sexual abuse, you may have the right to seek a damages award through the legal system. The purpose of these awards is to compensate you for the harm and losses you have incurred due to the abuse.

There are two types of damages you may receive:

Compensatory Damages: These are intended to cover costs associated with medical treatment, therapy, lost wages, and other quantifiable losses.
Punitive Damages: In some cases, these may be awarded to punish the offender and deter similar actions in the future.

Here are the general steps to seek damages:

Report the incident to the police
Consult with an attorney experienced in rape and sexual abuse cases
Collect and maintain any evidence that supports your claim
Be prepared to testify about the incident in court

The Law Offices of Stipe & Belote are Here to Help

Experiencing the trauma of sexual assault or rape can leave you feeling isolated and unsure of what steps to take next. At Stipe & Belote, we understand the sensitivity and courage it takes to come forward after such a traumatic event. It is your right to seek justice, and we are here to assist you every step of the way. Our firm boldly stands by your side, striving to ensure those responsible are held accountable to the fullest extent of the law.

We handle each case with the utmost professionalism and confidentiality. You can trust that your case will be treated with respect and discretion from the initial consultation through to its resolution.

Whether you are seeking information, advice, or legal representation, you are not alone. Reach out to us today for a complimentary evaluation of your case. You can speak with our empathetic personal linjury lawyers in Oklahoma City, ready to listen and offer qualified legal advice.