True. In Kansas it had to be any penetration, however slight, to meet one of the elements of rape. I'm assuming that is where Oklahoma's "carnal knowledge" fits.Rape by Instrumentation is not a lesser charge. It carries the same penalties as 1st Degree Rape the only difference is the perpetrator used a inanimate object like a finger or anything else other than his penis to penetrate the victim. In this case no charges where cited on the original booking until later when they listed it as First Degree Rape which was then changed to what it is now, Rape by Instrumentation. This, in my opinion, shows a lack of professionalism and reflects directly on whoever filed the first charges be it the DA's office, Creek County or the agent who made the arrest.
Prosecutors file the charges. The PD, SO, agent, just push the paperwork.