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PHILLIPS & ASSOCIATES Oklahoma Criminal Defense Attorneys

Oklahoma Statutory Rape Laws and the Age of Consent

April 15th, 2010

Under Oklahoma law, sexual intercourse with a person considered legally unable to consent is considered statutory rape.  Oklahoma statutes include the following as unable to give legal consent:

  • Those under the age of 16
  • Those incapable of giving legal consent due to mental illness or unsoundness of mind (temporary or permanent)
  • Those under the supervision or legal custody of a state agency, county, municipality, or political subdivision who engage in sexual activity with an employee or contractor of the authority.  This includes relationships between teachers and students, even if the student is between the ages of 16 and 20.

Commonly, statutory rape occurs when a person under the age of 16 (Oklahoma’s age of consent) becomes involved in a seemingly consensual sexual relationship with a person at least 3 years older who is over the age of 18.  Remember, even if a person under 16 consents to sexual intercourse, the state of Oklahoma deems that person legally unable to give consent.  If a 19-year-old high school senior had “consensual” sex with his 15-year-old girlfriend, he would be guilty of second degree rape under Oklahoma law.  Under Oklahoma sentencing guidelines, he would be subject to up to 15 years in prison and would have to register for life as an aggravated sex offender.

Additionally, if the couple were found to have engaged in oral sex, the young man could be found guilty of forcible oral sodomy, which carries up to a 20-year sentence for the first offense.

If the victim is under the age of 14, the defendant may be charged with first degree rape, which carries a minimum sentence of 5 years in prison.

While the above example describes an older boyfriend and younger girlfriend, Oklahoma statutory rape laws are not specific to gender.  A woman over the age of 18 who has sexual intercourse or oral sex with a boy under the age of 16 is guilty of statutory rape.  The law also applies to same-sex relationships.

Oklahoma statutory rape is a strict liability offense.  This means that, regardless of the intent, if a person over the age of 18 has sexual intercourse with a person under the age of 16, he or she is guilty of statutory rape.  Whether the encounter was consensual and whether the couple were in a steady relationship are of no consequence.  If the sex occurred, the statutory rape occurred.

Accusations may come from angry parents or may come from the under-aged partner as a result of a breakup or fear of getting in trouble.  If you have been accused of second degree rape in Oklahoma, knowledgeable legal defense can help you avoid being convicted of a sex crime.  The prosecution must prove not only the victim’s age at the time of the alleged sexual encounter, but must also prove that sexual intercourse occurred.  An Oklahoma statutory rape defense lawyer will look at mitigating circumstances, including prior false accusations, and will place the burden of proof on the prosecution.

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  • robert says on: August 1, 2010 at 1:27 pm


    I am being told that the age for consent is over 14yrs?? Is is this correct?

  • michele says on: November 9, 2010 at 5:51 pm


    I was told the same thing by 2 different officers

  • Michelle says on: January 11, 2011 at 8:15 am


    If you can’t gather the answer from the article above, I’m pretty sure you shouldn’t be involved with the person you’re thinking of.

  • Earlene says on: August 3, 2011 at 4:43 pm


    I am wondering about statutory rape chargers against a 24 year old male now was 22 when happen the girl is 17 now had sex with him at 15 now they had a baby was wondering if something can be done and hopely not tolate.I am the grandmother

  • Renee says on: August 30, 2011 at 1:40 am


    So what if the one person is 16 and the other is 21? Is this considered rape?

  • Paige says on: September 12, 2011 at 4:42 pm


    What if one was 16 and the other was 14 at the time and it resulted in pregnancy? Would it still be considered rape once the 16 yr old turns 18?

  • Shells says on: October 28, 2011 at 12:49 pm


    I was 15 got pregnant and my bf was 18. I had my daughter and I know look back wondering if I could press statutory rape charges? I was young and niave and Taken advantage of. I love my child and we have a wonderful life, but I definately do not want him to have parental rights to her. What do I do?

  • Jenny says on: November 9, 2011 at 9:25 am


    OK let me get this straight.
    16 yr old girl gets preggers by 22 yr old guy, she has parental consent = legal
    What if she was 15 when she actually got pregnant, guy was 21, even with parental consent, is that illegal?

  • Mia says on: January 3, 2012 at 1:00 pm


    What if a 16 year old boy had sexual relation with a 13 year old girl wouls this be consider second degree rape or statuory rape?

  • gunner says on: January 7, 2012 at 2:27 pm


    i would strongly suggest you talk with a lawyer to begin with, to see what your rights are. i agree that you were taken advantage of. i am not a lawyer, not even on television, but you do need to get real, competent legal advice, in person, not online.

  • Damon says on: January 19, 2012 at 7:06 pm


    you people have some interesting story but have you been watching the news about the young lady named Sarah McKinley who who was 17 or younger who was invovled with a man in his 50s and got married to him and had his child but that wasn’t the story because she is in the news about shooting a home intruder, a week after her husband died from cancer. if he didn’t statutory rape her then there shoundn’t be such a law

  • donna says on: January 25, 2012 at 11:06 am


    What if the guy is 30 and the girl is 17 and pragnet

  • concerned for minors says on: February 3, 2012 at 8:57 pm


    So basically what this law states is if you are male/female 17 & younger you can have sex with anyone who is 16 & under (whether they consent or not) & won’t be charged with anything because there isn’t a three year difference? I’m confused lol O_o

  • Bob says on: February 20, 2012 at 11:59 pm


    So if you are 16 and with a person over 18 its not rape

  • william says on: March 14, 2012 at 9:48 pm


    Well I’m 17 and this girl told me she waz 14 but come to find out she is only 13 can I get charges filed aginst me

  • Lucia Taylor says on: May 4, 2012 at 1:21 am


    Im 15 and my bf is 21. I kno its statutoryrape supposedly but im also pregnant by him. I cant have him put in jail cuz he has a great job and he actually wabts to take care of our and be there so it would be stupid to put hin in jail. He wont be able to support it than or be there since he wuld b jail and than he wont b able to get a good job since he’d be registered as a sex offender.

  • dale Young says on: June 19, 2012 at 2:38 pm


    What is the statute of limitations pertaining to statutory rape?

  • Veronica says on: June 29, 2012 at 11:48 pm


    if the accused is 21 and the victim 12 does there have to be dna evidence in order to convict or is her word against his enough? How soon does dna have to be collected after the act?

  • Makayla Magby says on: August 2, 2012 at 3:15 am


    Can my boyfriend get in trouble if I’m 16 almost 17 and he is 18 almost 19 and I want to get pregnant by him could he get in trouble cause we wanna get married and have a baby

  • Steve says on: September 12, 2012 at 4:17 pm


    If the girl was 14 and her boyfriend was 18 and she got pregnant and they been together 4 years she is 17 now he is 21 can he still get in trouble???

  • Tina says on: October 23, 2012 at 4:41 am


    I’m madly inlove with an 18 year old an I’m 15. I’m waiting till I turn 16 to have sex with him, but my parents don’t want me talkin to him or seeing him, but I was wondering, is it still legal if my parents say no? And I’m 16 an he is 19?

  • Emily says on: November 7, 2012 at 2:09 pm


    Omg….I had sex when I was 14 with someone who was 23, he thought I was 19, then I told him I was 17 but maaaaannnn….. if only he knew, he’d be in hiding I’m sure….
    I’m just glad we didn’t get caught any of the three times…

  • Kenzie says on: November 26, 2012 at 4:15 pm


    I am 16 and my boyfriend is 20. We’ve been dating for about 6 mos now and have known each other over two years. We’ve had sex, but my mom definitely doesn’t know. She said if she ever found out that she would press charges against him. But she can’t, right? Because he and I are of age?

  • Anonymous -- says on: December 3, 2012 at 2:47 pm


    umm. i had sex with a 28 year old and im 16.. my parents are trying to press charges on him and i dont want this to happen. if i am willing and i may be pregnnt can they still press charges on him even if i am willing and/or may be pregnant?
    PLEASE HELP.. i need answer..

  • Tortured by Our Desires says on: December 10, 2012 at 5:26 pm


    Anonymous —

    No, the legal age of consent is 16 – this means you must be 16 or older to consent to sex without a parent’s consent. That said, your parents cannot press statutory rape charges on the 28 year old in question. They’re just mayud.

  • curt says on: December 31, 2012 at 1:32 pm


    ok what if the the guy is 15 and the girl just turned 18 and they had sex before she turned 18 and they are only 2years and 3months apart then she got preg before she turned 18??

  • george says on: December 31, 2012 at 5:13 pm


    If you have a 15 year old boy that has been having sex with a 19 year old girl, and he lives with his mother who is driving him to see this girl and the mother’s dad is supplying the condom can the 3rd parties also be held responsible. The father just found out about it and has been trying to see what he needs to do. Does he need to file a complaint within the county the girl lives in and also a complaint on the son’s mother?

  • anonymous says on: June 13, 2013 at 9:59 am


    This girl who im really close with just turned 16 and I am 19. I know the age limit is three years, but I will turn 20 before she turns 17 so is that still ganna be illegal if anything were to happen?

  • Mimi says on: January 17, 2015 at 1:07 pm


    17 yr old daughter was having sex with 22 year old guy. Does this qualify as statutory? Please help.

  • OKLawBlogger says on: January 18, 2015 at 2:27 pm


    Under Oklahoma law, the age of consent is 16. Under most circumstances, a 16 year old can consent to sex with an adult of any age, so typically, a consensual sexual relationship between a 17-year-old and a 22-year-old is not illegal and is not statutory rape. However, there are a few circumstances under which a person aged 16 or older is not able to provide legal consent:

    • Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim; or
    • Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system.
  • Emily Hicks says on: February 26, 2015 at 3:03 am


    I have a 16 year old who’s is slow she has a learning disability but she’s 16 years old is it still legal for her to have sex with a 18 year old

  • Emma says on: February 27, 2015 at 10:45 am


    So I am seventeen and have been talking to a twenty two year old, this is alright?

  • OKLawBlogger says on: February 27, 2015 at 12:24 pm


    In most cases, a person over the age of 16 can legally consent to sex with another person over the age of 16, including adults aged 18 and older. However, there are statutory provisions which may make a sexual relationship illegal even if both parties are aged 16 or older. Furthermore, sexually explicit images of a minor under 18 are considered to be child pornography, so even if a 17-year-old may legally consent to sex with a 22-year-old, making or sending sexually explicit pictures or videos would be a crime.

  • OKLawBlogger says on: February 27, 2015 at 12:28 pm


    Under Oklahoma law, it is considered rape for a person to have sex with someone who “is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent.” However, a learning disability on its own may not be enough to prevent a person from providing legal consent. It would depend upon the degree of “mental defect.” From your question, there is not enough information available to tell you if a sexual relationship between the two would be legal or not. Please feel free to call (405) 418-8888 for details.

  • Anna says on: March 17, 2015 at 9:41 pm


    I have a neighborhood boy that was close with our family that is currently facing charges in Rogers County. He was 17 and the girl was 13. It was consensual but the courts are trying to try him as an adult. He has a public defender that is representing him currently. I am very worried about him because he has always been a little slow and never was able to relate to people his own age. What do you think he will be facing?

  • OKLawBlogger says on: March 18, 2015 at 2:02 pm


    It’s difficult to say without knowing all the facts. Please call us at 405-418-8888 to speak about the case in depth.

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