Okla. Stat. tit. 21, § 1115
Rape in the first degree is punishable by death or imprisonment in the penitentiary, not less than five (5) years, in the discretion of the jury, or in case the jury fail or refuse to fix the punishment then the same shall be pronounced by the court.
R.L. 1910, § 2418; Amended by Laws 1965, SB 376, c. 149, § 1.