New Oklahoma Laws In 2016 Part 19 – Expanding The Force Element In Specific Sexual Assault Crimes & Defining The Necessary Consent For A Sexual Act

HB 2398 expanded the force element in specific sexual assault crimes and defined the necessary consent for a sexual act. This part of the bill created 21 OS §§ 111-113.

In all instances of sexual assault including, but not limited to, rape, rape by instrumentation and forcible sodomy where force is alleged, the term “force” shall mean any force, no matter how slight, necessary to accomplish the act without the consent of the victim. The force necessary to constitute an element need not be actual physical force since fear, fright or coercion may take the place of actual physical force.

The term “sexual assault” is any type of sexual contact or behavior that occurs without explicit consent of the recipient including, but not limited to, forced sexual intercourse, forcible sodomy, child molestation, child sexual abuse, incest, fondling and all attempts to complete any of the aforementioned acts.

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:

1. Given by an individual who: (a) is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or (b) is under duress, threat, coercion or force; or

2. Inferred under circumstances in which consent is not clear including, but not limited to: (a) the absence of an individual saying “no” or “stop”, or (b) the existence of a prior or current relationship or sexual activity.

This law went into effect June 6, 2016.

HB 2398 –

21 OS § 111 –

21 OS § 112 –

21 OS § 113 –

If you have been accused of committing a sex crime then, The Urbanic Law Firm can help you.