Restraining Orders

Rape is when someone has sexual intercourse with you without your consent under one of the following circumstances:

• by force;
• by pretending to be your spouse;
• if you are mentally incapacitated - for example, if you were drugged, unconscious, etc.;
• if you are suffering from mental illness that prevents you from consenting, either temporarily or permanently;
• if you are under the legal custody of a government agency and the person having sex with you is an employee of that agency;
• if you are under the age of 16;
• if you are under the age of 20 and the person having sex with you is your foster parent or someone applying to be your foster parent;
• if you are between the ages of 16 and 20 and still in school, and the person having sex with you is at least 18 years old and a school employee; or
• if you are a high school student enrolled in a college program and the person having sex with you is an employee of that college.¹

Rape can be committed by someone who is of the opposite sex or the same sex.

If you have been raped by a spouse or intimate partner, see our Marital / Partner Rape page for more information on rape within relationships.

¹ 21 O.S. § 1111