The Phillips & Associates Oklahoma Law Blog


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By Dustin Phillips on
June 16, 2011
December 31, 2019

A Checotah elementary school teacher faces numerous Oklahoma sex crime charges after allegedly having a sexual relationship with two high school students. Michelle McCutchan, 38, is accused of having sex with the boyfriend of her 16-year-old daughter and allegedly videotaping at least two of the encounters.

Reports state that an investigation into the alleged acts took place after the teenage boy bragged to his friends about the sex tape. According to Checotah police, McCutchan admitted to having sex with the teen at least five times, to videotaping two of the sex acts, and to "sexting," or sending nude photos of herself to the boy's cell phone.

Oklahoma statutory rape laws set the age of consent at 16; however, the law also prohibits teachers and school officials from having sex with students. Even though McCutchan is a fifth grade teacher at Marshall Elementary in Checotah, and she is accused of having sex with two teen students from Checotah High School, the law applies because McCutchan is an employee of the district where the boys attend school.

At least one source reports that McCutchan may have had sex with a third 16-year-old boy, but that he is not a student and is therefore legally able to consent. Initially, McCutchan was charged with second degree rape and one count of sodomy and was released on $5,000 bond. However, a continuing investigation provoked allegations that the woman had sex with at least one other teen.

McCutchan now faces nine counts each of second degree rape and sodomy, two counts of providing alcohol to minors, one count of possessing child pornography and one count of child neglect. The child neglect count involves McCutchan's 15-year-old daughter and McCutchan's alleged failure to protect her child from sex acts. Allegedly, McCutchan allowed her daughter to watch her have sex with one of the boys, and then watched as the girl had sex with the same boy.

The child pornography charge stems from McCutchan's possession of the sex tape made with her teenage lover. A second degree rape charge often indicates statutory rape in Oklahoma. Those charged with second degree rape or any other sex offense in the state should contact a qualified Oklahoma criminal defense lawyer for the strongest possible sex crime defense.


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