OCCAOnline Oklahoma Uniform Jury Instructions (2nd Edition including 1997 and 2003 supplement )
RAPE - SEXUAL INTERCOURSE DEFINED
Sexual intercourse is the actual penetration of the vagina/anus by the penis. Any sexual penetration, however slight, is sufficient to complete the crime of rape.
Authority: Miller v. State, 65 Okl. Cr. 26, 36, 82 P.2d 317, 322 (1938); Ballentine's Law Dictionary 1170 (3d ed. 1969); Dorland's Illustrated Medical Dictionary 322, 748 (24th ed. 1965); C. Frike, 5000 Criminal Definitions 86.
Section 1111(A) of Title 21 expressly provides that rape can be accomplished by vaginal or anal penetration of either a male or a female and that the perpetrator may be either of the same or opposite sex as the victim. Although the spouse of the victim may not be prosecuted for rape under 21 O.S. 2001, § 1111(A), spousal rape may be prosecuted under 21 O.S. 2001, § 1111(B). See OUJI-CR 4-121, supra.
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