Restraining Orders

Rape is when someone has vaginal or anal sexual intercourse with you without your permission (consent) under one of the following circumstances:

• by force or violence;
• by threatening to use force or violence if it seems from the situation that the abuser has the power to do it to you or to someone else;
• by pretending to be your spouse;
• if you are intoxicated by a narcotic or an anesthetic agent given by the abuser to force you to submit;
• if you are unconscious of what’s happening and the abuser knows this;
• if you are suffering from a temporary or permanent mental illness that prevents you from consenting;
• if you are under the legal custody of a government agency and the person having sex with you works for that agency;
• if you are under the age of 18;
• if you are under the age of 20 and the person having sex with you is your foster parent or someone applying to be your foster parent;
• if you are less than 19 years of age and still in school, and the person having sex with you is at least 18 years old and works for the school; or
• if you are a high school student enrolled in a college program, and the person having sex with you is an employee of that college (as defined by the law).¹

Rape can be committed by someone who is of the opposite sex or the same sex.

If you have been raped by a spouse or intimate partner, see our Marital / Partner Rape page for more information on rape within relationships.

¹ 21 O.S. § 1111