Oklahoma’s Age of Consent Explained
A person is generally considered able to consent to sexual activities when they reach the age of 16 years old. Sexual relations at ages 16 or 17 do not constitute a crime under Oklahoma law. Any person who engages in sexual, including sexual penetration, or lewd behavior with another person under 16 years of age is guilty of a crime and will be punished by law. Either party in a sexual action may be found guilty if they are 18 years of age or older: If one of the persons involved in the act of sexual penetration were under 12 years of age , then the other participant would be guilty of a felony and imprisoned in the Department of Corrections for a minimum of 10 years and a maximum of life. The Age of Consent laws in Oklahoma allow for victims to recover civil damages for emotional and psychological injuries caused by sexual acts. A minor (under 18) can also sue for damages two years after their 18th birthday. Sexual aggressors who are convicted of the crime of sexual abuse will be added to the Oklahoma Sex Offender Registry. This will make it more difficult for them to find and keep a decent paying job in the future.
Oklahoma’s Historical Consent Laws
Oklahoma, like many states that would become a part of the United States, were influenced by British common law at its inception in the 18th century. Under these common laws, the age of consent for women was set at 12 years old. A man could not face charges of statutory rape provided he was marrying the woman, i.e. gaining parental consent to the relationship.
The result of this age of consent law was the proliferation of child marriage in the United Kingdom and the United States. In 1929, the United States adopted the federal Mann Act, which controlled transportation across state lines for prostitution, as well as the white slavery traffic act, which made it illegal to transport people under the age of 16 and 18 across state lines for sexual purposes. With the passage of the federal Child Abuse Prevention and Treatment Act (CAPTA) in 1988, states were required to amend their own child abuse laws in such a way that defined the term for legal purposes to include physical and emotional abuse, neglect, and sexual abuse. CAPTA further defined "sexual abuse" as "the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, any sexually explicit conduct." Under the CAPTA, sexual conduct with a "child under the age of 18" where there can be evidence of an illicit sexual act may be categorized as "child abuse." As states adopted laws to reflect the changes in federal law, Oklahoma raised the age of consent from 12 to 16, in 1907, before raising the age to 18 in 1910. There are specific exceptions for minors within the state. Currently, in Oklahoma, the legal age of consent is 16 (Oklahoma Statutes Title 10 Article 740.1); minors over the age of 12 years but less than 16 years may consent to sex with another minor who is below the age of 18 years unless the offender is in a position of authority over the minor (Oklahoma Statutes Title 21 Article 1113.1).
Criminal Consequences of Oklahoma’s Consent Laws
As the consequences of giving or receiving consent to sexual conduct vary widely depending on the ages of the parties involved, it’s crucial that both minors and adults have a solid understanding of Oklahoma’s consent laws. Are you 16 years old? You can legally consent to have sex with anyone who isn’t a family member, provided they are not already married. Are you 42 years old? You can consent to sex with anyone who is at least 16 years old. Are you 67 years old? Same thing. Consent is up to you and the other party, as long as he or she is at least 16.
But the minute either person breaks the law regarding consent, the potential penalties become severe. For example, let’s say you are 25 years old, and you have sex with an 18-year-old. Assuming everything is consented to legally and neither party is related, everything is fine, right? Wrong. Because she’s only 18, the state can prosecute you for felony statutory rape, despite her being above age 16.
In this case, you could serve up to 15 years in prison, pay up to $25,000 in fines and be labeled a "sex offender" for life. And that’s for your entire life, not just a part of it. Also, the 18-year-old can sue you for damages in civil court, and you’d be responsible for paying those on top of the criminal penalties.
If you don’t believe it can happen, in 2016, an Oklahoma state senator was convicted of forcible sodomy after having intercourse with a 16-year-old in a parking lot. She was 16 when they had sex, and she had allegedly consented to it. However, he was more than three years older, so they argued that it was voluntary. He claimed it was consensual and denied any intent to commit forcible sodomy, but he was arrested and found guilty of the felony. He faced up to 20 years in prison but was sentenced to two years in prison instead of 20. He’ll have to remain on probation for three years after his release.
When it comes to sex with minors, the penalties only increase the younger the minor is than the perpetrator. In Oklahoma, there’s no such thing as a "Romeo and Juliet" or "close in age" defense for statutory rape.
Exemptions for Close Age
While the age of consent is 16 years in Oklahoma, that does not strictly mean that if you simply have sex with a 15 year-old, you must be charged with a crime, face jail time and carry a sex offender label. For example, if you were a 25 year old and involved with an "underage" student in your class, while the law does make this unlawful, exceptions do exist. If the other person is within 4 years (essentially 4 years or older), then that is an exception to the law.
A common example can be given with the following facts: The teacher is 27 years old, and the student is 20 years old. Even thought the relationship is technically illegal, and something that no one would ever suggest you should do, you are not subject to being prosecuted under the Oklahoma sexual assault statute because the student was over 16 years old and was within 4 years of your age.
Another example would be a 20 year old having sex with a 16 year old. That would also be legal under the law . So if you are a school teacher, does that mean that you’ve got a license to have sex with one of your students? No, it means you should exercise some good judgment. While not making this a technical blog, when the law states something like this, it should be viewed in the context of the profession involved. For example, teachers have a certain responsibility that goes beyond just keeping a job, but also keeping the safety and well-being of their students in mind. Experienced lawyers who fight these cases for a living will be able to identify specific defenses in these types of cases. But it will rarely involve a general attack on the law itself.
Other types of exceptions:
– Age of consent laws do not apply to persons who are married.
– Consensual sexual conduct between minors is another example of an exception to the two statutes above. In essence, neither statute applies to two people who are each at least 14 years of age and who are both minors, as long as they are reasonable close to the same age.
Laws in Oklahoma Bordering States
In a national context, Oklahoma is more aligned with certain midwestern and southern states that have similar age of consent laws. However, it is less aligned with states on the Pacific and Atlantic Coasts, as well as the Midwest, that have different age of consent laws.
In Missouri, a neighboring state, the age of consent is generally 17, although it is 18 with regard to those with certain authority over the other party, such as teachers (the age of consent is 18 in Oklahoma for victims 16 years or older who are attending school and have no previous sexual relationship with the teacher).
Texas, another neighbor, on the other hand, has an age of consent of 17, but its intimate relationship laws have no specific "age difference" requirement — Texas considers a transfer of custody to be "apparent consent" of the minor. However, Texas courts can object to a consummated relationship where the parties are not married in some circumstances regardless of custody. In Oklahoma, on the other hand, it is not a criminal offense for two minors to date.
New Mexico, the neighbor to the South, has an age of consent of 16 with a close-in-age exception or "close in age" exception for those aged 14 to 16 — the same as the age of consent in Oklahoma.
Arkansas, another neighbor, on the other hand has an age of consent of 16. However, similar to Missouri and Texas, Arkansas can prosecute anyone 18 years of age or older who has actually engaged in sexual activity with someone under 18 if there is a 3-year difference in ages.
West Virginia, another midwestern state, has the same age of consent of 16. However, West Virginia has an age difference requirement of 4 years if one of the parties is 16 or 17 — again similar to the age of consent rules in Oklahoma.
Other states, however have different laws than Oklahoma (and most of the other 50 states). For example, in New York the age of consent is 17 in New York State and 16 in New York City, with no close-in-age exception. Maine, the northern neighbor of the Canadian province of New Brunswick has a minimum age of 16 with no close-in-age exception. Wisconsin, a northern neighbor of Illinois that also borders on Canada, has a minimum age of consent of 18.
Advice for Minors and Parents
Being in a committed relationship requires more than just love: you must also know and obey the law regarding sexual consent. Not knowing the law or having an inaccurate perspective of it opens young people to unnecessary danger.
You can stay safe by:
Knowing the law: If you are under the age of 16, you should be aware that there is a law concerning how old your partner can be. This law can be difficult to understand, but criminal charges are also difficult to deal with — so it is worth your time.
Talking to your partner: Your partner isn’t your enemy. Both of you should understand and respect the age of consent laws before engaging in sexual activities. If there is any doubt, then do not act.
Deciding together: You have the ability to choose your partners. You have the power to decide if someone is the right person for you. If someone is pressuring you (or vice versa) to be in a sexual relationship, know that this isn’t healthy. Instead of giving in, talk to one another and learn where you both stand.
If you need help interpreting Oklahoma law or representation following a charge , seek out assistance immediately.
Protecting your child is a serious matter. While you can teach them about Oklahoma’s age of consent laws, it is equally important that you talk about communicating with their partner in a healthy way.
When you talk to your child about sex and the laws surrounding consent, consider the following:
Physical and mental health: Discuss the importance of physical and mental health. You want to ensure your child has a good understanding of their own health as well as the health of their partner.
Law: Educate them about age of consent. Young people do not always understand the laws – even ones that seem fairly straightforward.
Communication: Relationships require communication. While you may not want to discuss explicit sexual actions with your child, it is certainly ok to talk about the importance of emotionally healthy communication. Help them understand how good communication works for their relationship.
If your child was charged with sex crimes in Oklahoma or you have questions about their understanding of consent, it is wise to seek out professional assistance.