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Legal Information: Oklahoma

Restraining Orders

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Laws current as of November 12, 2024

What is the legal definition of rape and a "sex offense"?

Rape is when someone has sexual intercourse with you without your consent under one of the following circumstances:

  • by force;
  • by pretending to be your spouse;
  • if you are mentally incapacitated - for example, if you were drugged, unconscious, etc.;
  • if you are suffering from mental illness that prevents you from consenting, either temporarily or permanently;
  • if you are under the legal custody of a government agency and the person having sex with you is an employee of that agency;
  • if you are under the age of 16;
  • 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 between the ages of 16 and 20 and still in school, and the person having sex with you is at least 18 years old and a school employee; 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.1

The legal definition of a sex offense includes several different crimes of a sexual nature, including sexual assault, trafficking, sexual exploitation, and child sexual abuse.2  You can read a full list of crimes that are considered sex offenses here.

1 21 O.S. § 1111
2 22 O.S. § 40(6)