Video Transcribed: Romeo and Juliet defense, Oklahoma Court of Criminal Appeals says that the burden is on the defendant. I’m an attorney in Tulsa James Wirth, and we’ve got a new case out, a relatively new from the Oklahoma Court of Criminal Appeals. It’s Oklahoma Vs Prosser. That’s S2020-879. And that is a case where defendant Joshua Prosser was charged with statutory rape. Statutory rape, meaning that they alleged that the person who is the victim in the case was not of sufficient age to be able to consent under Oklahoma law, but otherwise it was a consensual encounter in this case.
Oklahoma law has a Romeo and Juliet provision, which specifically provides that for those that are under the age of 18, it is not statutory rape if both parties are under the age of 18. What it says is, and this is title 21, section 1112 says, “No person can be convicted of rape on account of an act of sexual intercourse with anyone over the age of 14 with his or her consent, unless the person was over the age of 18 at the time the crime occurred.”
So this is written into the law and it’s to protect where both parties are under the age of 18, otherwise, both parties could be charged potentially with rape. So you’ve got your victim who was under the age of 18 that consented to it, and you have your perpetrator who’s also under the age of 18. Well, there’s no distinguishment between the two, then they could each be charged with raping the other. So there’s a Romeo and Juliet provision to prevent anybody under the age of 18 from being charged with statutory rape.
So the question becomes is that, that the defendant is over the age of 18, is that an element of the offense that the state is required to prove, or is it an affirmative defense that the defendant is required to approve? And in this case in Rogers County, it went for a preliminary hearing, and the state did not show any proof that the defendant was over the age of 18.
The state then appealed to the Oklahoma Court of Criminal Appeals. And the Oklahoma Court of Criminal Appeals found that the defendant being over the age of 18 is not an element of the offense that the state is required to prove.
It is an affirmative offense or I’m sorry, the defense that the defendant is required to prove. And defendants do not prove their affirmative defenses at the preliminary hearing. That’s actually an issue for the jury or judge at trial. So what that means is that they overturn the Rogers County judge.
These charges are now going forward again. And the defendant will get to present that as a defense at a jury to show that he cannot be convicted if indeed he is under the age of 18 or was under the age of 18 at the time that this occurred.
So, that is a big deal. What that means is that minors who engaged in consensual sexual activity can’t actually be thrown in jail, or at least in juvenile detention, and held, and then charged for raping their consensual partner, even though this defense applies, because they’re the ones that have to meet the burden of proving that, not in the early stages of the cases for probable cause, but actually at the trial.
So I mean, it’s unfortunate for somebody who potentially can never be convicted that the burden is on the defendant to prove their innocence in these types of cases, but that is what we have from the Oklahoma Court of Criminal Appeals as of June 24th of 2021. If you’ve got any questions about this case or other circumstances related to criminal procedure, criminal law, you’re going to want to talk to an attorney privately, confidentially about that. To get that schedule with somebody at my office, you can go online to makelaweasy.com.
The age of consent for sexual intercourse in Oklahoma is 16 years. A child under that age may not give legal consent for sexual contact.
Statutory rape is not a violent crime in any jurisdiction. Instead, the crime usually involves willing partners. The problems is that one of the partners is unable to give legal consent to the interaction.
As such, statutory rape, or second-degree rape, is a far cry from the type of violent sexual assault that we associate with first-degree rape. Second-degree rape, however, remains a serious crime in Oklahoma.
Statutory Rape
Statutory rape can occur in a number of situations. The parties to the intercourse can be of the same or opposite sex. Statutory rape applies to all these situations:
- The victim is under the age of 16, but not younger than 14;
- The perpetrator caused the victim to believe that they are married and so intercourse is okay;
- The victim, because of unsound mind or other infirmity, is unable to give consent;
- The perpetrator is employed by a governmental or other agency of which the victim was under legal custody or supervision, and the perpetrator exercised authority over the victim;
- The victim was between 16 and 20 years of age and was a student or under the legal supervision of a school and the defendant was 18 years of age or older and was an employee of the victim’s school; or
- The victim was 19 years or younger and in the legal custody of a court or other state or federal agency and the defendant was either the foster parent or foster parent applicant.
OUJI-CR 4-124
If the child is under 14 years of age, even if a willing partner to the act, sexual intercourse may result in a first-degree rape charge for the older partner.
Romeo and Juliet Exception May Apply
The law recognizes an exception in which both partners are close in age. The exception is sometimes called the Romeo and Juliet law, and pertains to people who are at least 14 years old and younger than 19. Okla. Stat. tit. 21 § 1112
The exception provides that prosecution is prohibited even though one of the partners is under the age of consent. The statutory rape law is really aimed at a situation involving an older predator rather than youngsters dating.
Penalties for Statutory Rape Can Be Harsh
If convicted, you could face anywhere from 1 to 15 years in prison. The sentencing judge has broad discretion in the amount of time a defendant faces.
In addition, if convicted, a defendant must register for the sex offender registry. This can be a difficult outcome for a person convicted of statutory rape. This can limit where a person is able to live and work for years.
If you or a loved one are facing charges and have questions, it is important that you hire an experienced Oklahoma defense lawyer as soon as possible. Facts are important and can help protect your freedom. Get the help you need.
Free Consultation with a Tulsa Criminal Defense Attorney
Wirth Law Office is here to help when you need it most. We offer a free consultation with a Tulsa sex crimes attorney to help you defend your legal rights.
Call 918-879-1681 for a free consultation or submit a question through this website.
The Oklahoma Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Oklahoma are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
Oklahoma statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16. A close in age exemption allows minors over age 14 to consent to a partner younger than 18.
View list of sexual assault laws & punishments in OklahomaOklahoma has four statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Oklahoma Age of Consent, as statutory rape or the Oklahoma equivalent of that charge.
The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.
Back to list of state ages of consent View international ages of consent