It is with a minor.
Get some help. Fiddling with boys is BS. Didn’t your youth pastor in Mustang get arrested for this?
I know what the elements of the crime are and the difference between the two. Rape by Instrumentation is definitely very serious and a 1st Degree Felony that carries the same penalties as his original charge of First Degree Rape. My only question was why wasn't he charged correctly the first time. In other words, if they didn't know, or weren't sure exactly what transpired, they should have waited until they did before filing charges. That way they would have avoided looking stupid and like they don't know what the hell they're doing.
2022 Oklahoma Statutes
Title 21. Crimes and Punishments
§21-1114. Rape or rape by instrumentation in first degree – Rape in second degree.
Universal Citation: 21 OK Stat § 1114 (2022)A. Rape or rape by instrumentation in the first degree shall include:
1. Rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age;
2. Rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;
3. Rape accomplished 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;
4. Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
5. Rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
6. Rape by instrumentation regardless of the age of the victim or the age of the person committing the crime.
Title 21. Crimes and Punishments
§21-1111.1. Rape by instrumentation.
Universal Citation: 21 OK Stat § 1111.1 (2022)A. Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person.
B. Provided, further, that at least one of the circumstances specified in Section 1111 of this title has been met; further, where the victim is:
1. 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 conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of a school system;
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The late great Charlie Daniels had it right in Simple Man:
“Take a big tall tree and a short piece of rope,
I'd hang 'em up high and let them swing 'til the sun goes down”
KRMG still saying First Degree Rape at 0500 this morning.
Yeah, I heard that too. The blind (whoever is in charge and responsible for what is being aired) leading the blind (the talking head reciting whatever they put on the teleprompter or script they've been handed)...
Reading all of this pisses me off. I keep hearing this song in my head "Try This In A Small Town". But I don't see the action. If you're not up for enforcing with some street justice or behind the barn lesson then at least do this. When the police engage in action, they put out a sign of warning. They flip their flashing lights on to catch attention and for all to see, "Danger". At least make some mug shot signs and put them out. Be good and place legally like the politicians. Staple them over every old garage sale sign on the street light poles and in the yards (on the utility side). Put these signs of danger in his yard, and on his car when he parks publicly. Put the shame signs out there. I, like many of you, have always admired those who created their own justice for damages. Especially when the victim or associate is obviously willing to accept their punishment for administering their own justice. Before man's modern laws were written and made to protect the criminals, there were the biblical laws we followed. The Old Testament states the "eye for an eye" phrase we all know. In this case, the individual should be shown his own night stick (instrument) and then take his punishment. But since he is a big man, that took advantage of a small person, the night stick should be traded out for something more relative. My favorite being a 34" 31oz Adirondack!
It’s still first degree rape, the “by instrumentation” part means while under the influence and passed out when the act occurred from what I read.??
No. "Instrumentation" means he used a foreign object.
