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Description: Stillwater, Oklahoma criminal defense lawyer represented Defendant charged with first degree rape in violation of 21 O.S. 1111, which provides:

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 under any of the following circumstances:

1. Where the victim is under sixteen (16) years of age;

2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;

3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;

4. Where 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;

5. Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;

6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;

7. 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;

8. 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; or

9. 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.

Outcome: 07-22-2022

JUDGE CORLEY/JP: THE STATE APPEARS BY ATTORNEY ERICA GARUCCIO. THE DEFENDANT APPEARS IN PERSON FROM THE JAIL AND WITH ATTORNEY VIRGINIA BANKS. THE COURT HAVING PREVIOUSLY ACCEPTED THE DEFENDANT'S PLEA, NOW FINDS THE DEFENDANT GUILTY, AND SENTENCES THE DEFENDANT TO SERVE 25 YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, PROVIDED THAT THE LAST 10 YEARS BE SUSPENDED UPON THE DEFENDANT'S GOOD BEHAVIOR. THE DEFENDANT IS ORDERED TO PAY COURT COST AND COSTS OF INCARCERATION AND IS ORDERED TO SUBMIT TO A DNA SAMPLE. THE DEFENDANT IS FURTHER ORDERED TO REGISTER AS TO THE SEX OFFENDER REGISTRATION ACT. UPON HIS RELEASE FROM CUSTODY, THE DEFENDANT IS TO BE SUPERVISED BY THE DEPARTMENT OF CORRECTIONS PROBATION AND PAROLE DIVISION FOR 5 YEARS. THE DEFENDANT IS ORDERED TO APPEAR IN THE OFFICE OF THE CLERK OF THIS COURT AND THE DISTRICT ATTORNEY WITHIN 180 DAYS OF HIS RELEASE FROM CUSTODY TO ADDRESS PAYMENT OF COSTS AND FEES. THE COURT ADVISES THE DEFENDANT OF HIS APPEAL RIGHTS. THE DEFENDANT IS REMANDED TO THE SHERIFF.

Plaintiff's Experts:

Defendant's Experts:

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