Rape 2 (Statutory Rape) Reduced to Outraging Public Decency
In rural NW Oklahoma, a young man used a social app and met another young man who represented himself as being 18 years old. They liked each other and had sexual relations shortly after meeting. Turns out he was only 15. In Oklahoma it doesn't matter that the younger man lied about his age, somehow the (only slightly) older one was supposed to figure it out before crossing the line. We all know that isn't how it works in real life, but the legislature legislated and here we were.
The younger man's parents found out, and he, being 15 and scared of his parents, lied about the nature of the encounter. The parents filed a police report. My client wisely kept all the messages from the app. I presented those to the district attorney and after long discussion and negotiations (months) an agreement was reached where my client agreed to and received a deferred sentence for a non-sexual crime.
Note that this isn't the best outcome. The best outcome in any criminal case would be a dismissal, but since Oklahoma law doesn't require the defendant to be aware of the age of the "victim" for a statutory rape case to be proven beyond a reasonable doubt, this was the best outcome he could reasonably have hoped for.
Practice area(s): Criminal Defense