Two Tulsa attorneys seek improvements in state rape laws

By: Lynn Casey


TULSA, Okla. - Quick Facts:

  • Two Tulsa attorneys and a state legislator want to change a rape law.
  • They said the rape by instrumentation classifications are too broad.
  • WATCH FOX23 Lynn Casey's full report above.


Two Tulsa County assistant district attorneys are working with a state legislator to change rape laws.

It’s the second time in less than a year that attorneys Kenneth Elmore and Ben found a law they believe needs change.

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The most recent attempt involves the classifications of rape by instrumentation. As the law stands, if a person rapes another by instrumentation, but does not leave severe bodily harm that can be proven to a jury, it is second degree.

Because of that classification, Elmore and Fu said the penalty for such a violent act is the same as in statutory rape cases.

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Representative Scott Biggs, from Stigler, used to be a prosecutor and agreed to write the bill to help them change the law.

The bill removes the “resulting in bodily harm” requirement for a rape by instrumentation case to be charged as first degree, like other kinds of violent rape.

It passed committee this week and will be heard on the house floor next Monday afternoon. 

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