Consent Laws
Oklahoma

The term “consent” means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time.

Consent cannot be given by an individual who:

• is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or
• is under duress, threat, coercion or force.

Consent cannot be inferred under circumstances in which consent is not clear including, but not limited to:

• the absence of an individual saying “no” or “stop”, or
• the existence of a prior or current relationship or sexual activity.

Okla. Stat. tit. 21, § 113.

Yes. The term “consent” means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. Okla. Stat. tit. 21, § 113.

16 years old. Okla. Stat. tit. 21, § 1111(A)(1).

Yes. A person under the age of 18 may have sex with someone over the age of 14 with his or her consent. Okla. Stat. tit. 21, § 1112.

No

Yes. Rape in the first degree includes an act of sexual intercourse involving vaginal or anal penetration where the victim is incapable through mental illness or any other unsoundness of mind, temporary or permanent, of giving legal consent. Okla. Stat. tit. 21, § 1111(A)(2).

Maybe. If a victim is incapacitated, this may classify as being unconscious, which would then qualify as rape (see below). If not, then the answer is no.

Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female within or without the bonds of matrimony who may be of the same or the opposite sex as the perpetrator where the victim is at the time unconscious of the nature of the act and this fact is known to the accused. Okla. Stat. tit. 21, § 1111(A)(5).

Yes. Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female within or without the bonds of matrimony who may be of the same or the opposite sex as the perpetrator where the victim is at the time unconscious of the nature of the act and this fact is known to the accused. Okla. Stat. tit. 21, § 1111(A)(5).

Yes. The definition of rape includes an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female within or without the bonds of matrimony may be of the same or the opposite sex as the perpetrator where: (1) the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent; (2) the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or (3) the victim is at the time unconscious of the nature of the act and this fact is known to the accused. Okla. Stat. tit. 21, § 1111(A)(2), (4), (5).

Yes. Rape includes an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female within or without the bonds of matrimony who may be of the same or the opposite sex as the perpetrator:

• 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 the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality or a political subdivision that exercises authority over the victim. Stat. tit. 21, § 1111(A)(7).
• 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. Stat. tit. 21, § 1111(A)(8). “Employee of a school system” includes employed and contracted school resource officers and security guards.
• where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant. Okla. Stat. tit. 21, § 1111(A)(9).

Yes. See Denham v. State, 192 P. 241 (1919) (“where sexual intercourse is voluntarily had by an unmarried female within the age of consent, a prosecution for rape cannot be maintained”).

No. See Kitchen v. State, 69 P.2d 411 (Crim. Ct. App. 1937) (“The principle is everywhere recognized that voluntary intoxication is no justification or excuse for crime, and is no excuse for rape”).

No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been in such condition. Okla. Stat. tit. 21, § 153.