What is Oklahoma’s Age of Consent?
Under Oklahoma law, the age of consent for sexual activity is the age at which a person is considered mature enough to legally consent to participate in sexual acts. In Oklahoma, the legal age of consent is 16 years old.
Why is the legal age of consent set at 16? Legally, persons who are 16 years or older are viewed as sufficiently mature to provide informed consent to engage in sexual activity. In the State of Oklahoma, consent is defined as giving permission.
The rationale behind the legal age of consent is to protect minors from sexual exploitation and to prevent statutory rape—a crime where an adult has sexual intercourse with a minor . Rape is defined as when an unlawful sexual act is committed to a person without his or her consent. Additionally, it is a crime for an adult to engage in sexual relations with a person between the ages of 12 and 16 without that person’s consent but with the person’s permission. Each of these crimes mentioned above carries severe criminal penalties.
Of course, if the ages of the two people involved are not able to be legally proven, then the court may allow the jury to decide the appropriate weight to put on these factors, but is not limited to them. In other words, under Oklahoma law, the age at which a person may legally consent to having sex is 16 years old.
History of the Age of Consent in Oklahoma
A landmark 1890 U.S. Supreme Court case, in which the goal was to clarify the federal government’s power to establish land allotments for American Indians, provided English common law definitions of statutory rape. Many of the behaviors addressed under statutory rape laws, including sexual conduct with minors under the age of consent, were considered crimes under common law in the 1800s and 1900s.
Oklahoma was a territory when federal common law was adopted, but not a state. This meant that although the official law of the land recognized the age of consent as 14, Oklahoma was not required to abide by it. Like other territories, it had the power to create its own laws. The Oklahoma State Legislature addressed this by establishing the age at 10 in 1890.
As American Indians were frequently victims of crimes committed by non-Native Americans, laws were passed to ensure that federal authorities could prosecute non-Natives who were charged with committing a crime against a Native in Indian Territory. Because of this, Oklahoma retained portions of English common law that were enforced in Indian territories, allowing civil and criminal cases with penalties of exceeding one year, or $1000 in fines, to be tried in federal courts. Oklahoma did not receive statehood until 1907.
In 1953, the Indian Reorganization Act came into effect. One provision of this act restored tribal authority over civil jurisdiction. While very few states regulated the age of consent in exactly the same manner, many did use the same definition. Further, many states adopted highly similar language when they revised or created their criminal statutes. Still, the 1950s remained a time when the age of consent varied greatly between states. Oklahoma was one of seven states to define the age of consent as 16.
The Uniform Age of Consent Act was adopted in 1963. Michigan was the first state to adopt this law, which delineated a clear and concise definition of the legal age of consent, without exception. Michigan’s age of consent was 16, which was consistent with the laws of Indiana, New Jersey, New York and Ohio – the four other states to adopt the law that year. In 1964, nine more states adopted the law, including the District of Columbia (D.C.), creating an age of consent of 16 on a national level. A wide range of states have adopted new laws and amendments since that time, with age of consent laws changing most significantly in the mid-2000s.
Today the age of consent in Oklahoma for both male and female minors is 16.
Exceptions and Special Conditions
While the legal age of consent in Oklahoma is 16 years old, there are exceptions to the rules and conditions that have been put in place. For example, close-in-age exemptions exist to ensure that young lovebirds don’t face dire consequences for their innocent romantic endeavors. These exemptions mean that if a minor is 12, 13, or 14 years old and has sex with someone who is within three years of their age, it is not a crime. Anything outside of that scope is punished by law. In such cases, charges can be brought up against the minor for sexual assault for lewd or indecent proposals or acts, often by juvenile authorities as opposed to the regular criminal court system.
If the age component isn’t an issue, consent will also depend on mental capacity. Let’s say someone is an adult (or at least 16 years old) but is under the influence of drugs or alcohol. He’s so drunk that he can’t think straight, and someone else takes advantage of him, initiating sexual intercourse when he can’t properly give his consent. Here, the adult is not allowed to enjoy the legal age of consent rights that come into play at age 16, and presuming somebody to consent because they are 16 years of age is not appropriate. If a 17-year-old is completely intoxicated and is taken advantage of, they can be considered a victim.
Legal Consequences for Breaching Oklahoma’s Consent Laws
In Oklahoma, sexual offenses carry significant penalties and repercussions. Engaging in or compelling certain sexual activities with an individual below the age of consent is typically categorized as rape in the first degree, defined by Oklahoma law as a non-consensual sexual act that carries not only a penalty of at least five years but at minimum a 25-year prison term that can extend to life without parole. Because it is considered a capital offense, first-degree rape can equate to a life sentence in addition to other fines, health care costs and lost wages . Due to the victimization of sexual assault survivors in Oklahoma, Oklahoma criminal courts will order a defendant into sex offender treatment and monitoring programs, which include the sex offender registration program mandated by the Oklahoma Sex Offenders Registration Act. An individual who is required to register under the Oklahoma Sex Offenders Registration Act is prohibited from residing within 500 feet of a school, residence of a victim within a sexual offense, child care center, playground or any other location specified by the court.
Age of Consent in the United States
The United States is well known for having an age of consent of 16. Like Oklahoma, many states, such as Colorado, Georgia, Kansas, Minnesota, Missouri, Nebraska, New Jersey, North Dakota, Rhode Island, Utah, and Wyoming have an age of consent set at 16. Others, such as Illinois, Maine, Ohio, Oregon, South Carolina, and West Virginia, have an age of consent set at 17. And still, a few states go as high as 18. However, this does not mean that there are not additional laws in some states that address the age of the parties in any particular circumstance. For instance, in some states, those in the institutional setting (teachers, medical professionals) face an even lower age of consent, at times as low as 14.
Tips for Teens and Parents
While the laws regarding the legal age of consent are very important, what is considered more essential is the advice that can be provided to empower and ensure that informed decisions are made.
It is always a good idea to engage in an open conversation with your teen if you are a parent. Let them know that they can come to you about anything related to sex. Make it clear that you are not angry, uncomfortable or disappointed, but that you want to be informed and responsible.
As a teenager, fully understand that the age of consent is very serious, and even consensual sexual relations with another person under the age of 18 can be constituted as statutory rape . That means that even if you feel comfortable and you’ve discussed your situation with your partner and feel confident that it’s the right choice, you may not be able to legally be sexual with that person without repercussions.
If you are a teen, you must make informed choices and consider all situations and potential outcomes. Be aware of what will happen if you are charged with statutory rape, and what you can expect if you charge someone else with statutory rape. When in doubt, talk to a parent, guardian or responsible adult about what’s going on in your life. If you’re uncomfortable doing so, talk to a friend you trust.