Under Oklahoma statutory rape laws, the age of consent for a sexual relationship is 16. That means that anyone under the age of 16 is not legally able to consent to sexual acts. However, the law is not limited by age alone; the statute also declares the following individuals incapable of giving legal consent:
- Those whose judgment and ability to consent are altered by temporary or permanent mental illness or "unsoundness of mind."
- Those under the supervision or legal custody of a state agency, county, municipality, or political subdivision who engage in sexual activity with an employee or contractor of the authority.
Details of This Case
For former Oklahoma teacher Shelly Fry, her sexual relationship with an 18-year-old student would not have been a crime had she not been a teacher. Because Shelly Fry was a teacher, however, her relationship with the student--despite his age--resulted in an Oklahoma statutory rape charge.
Allegedly, Fry, a special education teacher, had consensual sex with the teenaged student in her home in September 2009. When her husband discovered inappropriate text messages between Fry and the student, he confronted the student via telephone about the relationship.
The student told authorities that he ended the relationship after the confrontation. Shortly thereafter, in October, Shelly Fry resigned from her postion at Hominy High School. School officials report that Fry's resignation came before they had a chance to question her about the allegations. Even though the teenager admits that his relationship with Fry was consensual, and even though he was legally of age to consent,
Legal Defense for Statutory Rape Charges
Shelly Fry is charged with second degree rape in Oklahoma because the young man was her student at the time of the alleged affair. Shelly Fry turned herself in to authorities last week on a probable cause affidavit alleging second degree rape. She was released on $10,000 bond. Her next court date is August 27. Learn more about statutory rape charges and potential defense strategies here.