State of Oklahoma v. Wesley Starnes

Tulsa, Oklahoma, criminal defense lawyer represents the Defendant charged with first degree rape, in violation of 21 O.S.C. 1114.

Wesley Starnes, age 29, a Tulsa County detention officer, acussed of sexually assaulting a 12-year-old child.

Oklahoma's first-degree rape law defines the crime under Oklahoma Statutes Title 21, Section 1114 as specific nonconsensual sexual acts or statutory conditions, and classifies it as a severe Class A2 felony.

Elements & Definition

First-degree rape and rape by instrumentation apply under specific circumstances, including acts involving victims under 14 (by someone over 18), mental incapacity, forced intoxication, unconsciousness, physical force or violence, or statutory instrumentation criteria. Any scenario not meeting these thresholds is classified as second-degree rape.

Penalties and Consequences

• Classification & Prison Sentences: A Class A2 felony punishable by a minimum of 5 years up to life imprisonment, life without parole, or the death penalty (Oklahoma Statutes § 21-1115).

• The 85 Percent Rule: Offenders must serve at least 85% of their sentence prior to parole eligibility.

• Sex Offender Registration: Designated as a Level 3 offense, mandating lifetime registration, GPS tracking, and strict residency or employment limitations.

• Repeat Offenses: Recidivism results in severe sentencing enhancements, such as mandatory life or life-without-parole terms and prohibition of probation.

A criminal charge is not proof of guilt.