In all instances, the statutory age under which a victim is legally incapable of consenting to sexual intercourse.
CONSENT OF MINOR
You are instructed that as a matter of law a minor under the age of fourteen/sixteen is incapable of giving consent/agreement to engaging in sexual conduct which is otherwise prohibited by law and the agreement/consent of such minor to such activity should be disregarded by you in determining the question of the defendant's guilt.
Notes on Use
This instruction is appropriate for rape and other sex crimes when the victim is a child below a particular age. This age is fourteen for prosecutions for rape in the first degree and sixteen for prosecutions for rape in the second degree and other sex crimes. See 21 O.S. 1991 & Supp. 1995, §§ 1111-1114.
The Oklahoma Court of Criminal Appeals held in Kimbro v. State, 857 P.2d 798, 799 (Okl. Cr. 1990), that as a matter of law a child under the age of sixteen cannot consent to oral or anal sodomy. In doing so, it overruled Slaughterback v. State, 594 P.2d 780 (Okl. Cr. 1979).
RAPE IN THE SECOND DEGREE - ELEMENTS
No person may be convicted of rape in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, sexual intercourse;
Second, with a person who is not the spouse of the defendant [and who may be of the same sex as the defendant];
[Third, where the victim was under the age of sixteen].
[Third, where the victim was intoxicated by a/an narcotic/(anesthetic agent);
Fourth, given by/(in the presence of) the defendant];
Fifth, as a means of forcing the victim to submit].
[Third, where the victim was at the time unconscious of the nature of the act and this was known by the defendant].
[Third, where the victim was under the belief induced by the defendant that the victim was having intercourse with his/her spouse].
[Third, where the victim was under the legal custody of a State agency; and
Fourth, the victim engaged in sexual intercourse with a (State employee)/(employee of a contractor of the State)].
Statutory Authority: 21 O.S. Supp. 1995, § 1111, 21 O.S. 1991, § 1114.
Notes on Use
The trial court should read the bracketed language in the second element only if the defendant was of the same sex as the victim. In the third element the trial court should read only the alternative (or alternatives) that is (or are) supported by the evidence.
In all instances, the statutory age under which a victim is legally incapable of consenting to sexual intercourse is 16,section 1111(A)(1). If a defense under section 1112 is unavailable, sexual intercourse with a person under 16 years of age is at least rape in the second degree, although if the victim is under 14 years of age, rape in the first degree is a possible charge. Even if the proof establishes that the victim is 13 years of age, a prosecution and conviction for rape in the second degree is proper because rape in the second degree is a lesser included offense of rape in the first degree. Hence, the first alternative in the third element simply indicates a victim under 16 years of age.
The other alternatives in the third element constitute, in fact or by law, sexual intercourse without the consent of the victim.
The age of the defendant is not an element of the crime of second-degree rape. If the prosecutor is uncertain whether it can be proved that the defendant has attained the age of 18, he/she can charge the defendant with second-degree rape and the conviction would be upheld although it is established that the defendant is over 18. Brasel v. State, 48 Okl. Cr. 403, 291 P. 807 (1930). The age of the defendant may become relevant as a defense, however, under section 1112, if the victim is over 14 years of age and consents, and the defendant is under 18 years of age.
Oklahoma's rape shield law, 12 O.S. Supp. 1995, § 2412, limits the use of evidence of the sexual behavior of the victim in prosecutions for sexual offenses.
A. Rape in the first degree shall include
B. In all other cases, rape or rape by instrumentation is rape in the second degree.
Age Of Consent For Students
According to the ACLU, sodomy is still against the law:
07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
NOTE FROM THE EDITOR: Copyright holders: We are not trying to assert any rights to your article. We operate as a repository with a virtually unlimited storage capacity. We capture and store articles to prevent loss due to system crashes and the space limitations that most sites operate under. We will remove your article if you wish. This is a non-profit site. AgeOfConsent.com is a repository of both legal and commentary information on laws relating to sexual activity. We do not, and can not offer any legal advice or provide any legal counsel. Do not write to us requesting our advice or suggestions -- your email will be ignored. This web site and its contents are in no way affiliated, funded, or regulated by any Local, State, Federal or International government agency or governing body. Information contained on this site has been provided by readers and/or has been discovered through the research of volunteers. Other than cursory review, no efforts have been made to independently verify the current status of the legal statutes contained in these page nor whether any cases used as examples are still precedent. Do not rely on this information to make legal decisions. You should contact a legal advisor in your area for a proper determination of law on any questions you might have. Any emails and other user comments and opinions included on this site are the opinions of the creator of the message and are not necessarily those of this site, its editors, advertisers or other affiliated entities.