Sexual battery is the unlawful application of force against another resulting in injury and/or offensive contact. Sexual battery includes rape and rape by instrumentation, but is extended to include molestation.
Rape is a form of sexual battery which the FBI defines as “the penetration, not matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” An incapacity for consent — such as those asleep, intoxicated, mentally unable, or below the age of consent — also counts as a lack of consent.
Rape by instrumentation is defined as any object other than the perpetrator’s sexual organ(s) are used as the means of rape (finger or object).
There are many types of rape, which vary depending on the situation of the incident and the individuals concerned. Common types include date rape, the victim’s assailant is an acquaintance, commonly during or at the beginning of a relationship; gang rape, the victim has multiple assailants; spousal rape, the victim’s assailant is their spouse; statutory rape, the victim is a minor (this is rape whether the victim gave consent or not); and rape by deception, when consent is given under false pretenses.
Statutory rape is defined as the sexual relationship between an adult and one who is below the age required to legally consent. The age of consent in Oklahoma is 16; however, engaging in sexual activities with anyone below the age of 18 while the perpetrator is above the age of 18 is considered statutory rape.
Obscenity And Indecent Exposure
Obscenity is that which offends multiple persons’ morality, can be considered profanity, is indecent, abhorrent, or even disgusting. Many acts of obscenity are protected through the First Amendment and such infractions are generally only litigated through past examples of court cases. Furthermore, since what counts as obscenity changes as the culture changes, past rulings may not apply to current situations.
Indecent exposure, also called sexual misconduct and public lewdness, is conduct undertaken in a publicly viewable location. Genitals and/or female nipples (excluding women breast feeding in public), technically considered indecent exposure, is not considered lewd conduct until evidence exists of intent to shock or arouse those in the vicinity of the act.
The severity of the punishment is often aggravated by whether or not a minor was intended as the target of the act, at which point it constitutes as a lewd act with a minor.
Internet Sex Crimes
Internet sex crimes are always defined as those involving minors. A perpetrator of this crime is usually labeled as an “online” or “internet predator.” The most common examples of this crime include the possession and distribution of child pornography over the internet; soliciting minors online, (who are often police posing as minors), through email or chat/instant messaging programs; and sending and/or receiving lewd pictures or video and conversations of or with minors through text messages, also known as “sexting.”
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