The Phillips & Associates Oklahoma Law Blog


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By Dustin Phillips on
September 22, 2014
January 26, 2022

A Cyril mother's gut instinct and clever deception led to the arrest of a 31-year-old housekeeper accused of raping the mother's 13-year-old son.

Details of the Case

Around 11:30 p.m. last Monday night, the mother called police to report that Robbie Elaine Capshew had molested her son. She reported that when she at the home where Capshew was working, she saw the housekeeper coming out of the bathroom and her son trying to leave the house.

She felt that something was amiss, so she asked her son what was going on. When the boy didn't respond, she told him that there was a hidden camera in the house and urged him to tell the truth. When she asked the boy what the video would reveal, the boy allegedly said that it would show him having sex with the housekeeper.

There was no hidden camera and no video, but the boy's admission was enough for the mother to call police. The boy allegedly told police that Capshew had called him into a bathroom earlier that night and asked him to perform a sex act with her. He says he complied, but then left to go to his own home to get something to drink.

When he returned to the home where the woman was working, he says she called him into a bedroom, where she took off her pants, asked him to do the same, and the two began having sex. The boy says that he soon told the woman, "I can't," and tried to leave the house. That's when his mother walked in, having nearly caught the two in the act.

Police went to Capshew's home to investigate, but she refused to discuss the matter with investigators--a wise move to protect her right to silence. She was arrested and booked into the Caddo County jail, where she is held on $35,000 bond.

She is being appointed a public defender. In Oklahoma, sexual contact with a minor under the age of 16 is prosecuted as lewd acts with a minor. It is a felony sex crime punishable by 3 to 20 years in prison, unless the victim is aged 12 or younger. In that case, it carries a minimum sentence of 25 years in prison.

First and Second Degree Rape Charges

Sexual intercourse with a minor under the age of 16 can be charged as either first degree rape or second degree rape, depending on the age of the victim. While sex between and adult and a willing minor aged 14 or 15 is prosecuted as second degree rape, or statutory rape, sex with a minor aged 13 or younger is always prosecuted as first degree rape.

First degree rape carries a maximum sentence of life in prison. Rape and lewd or indecent proposals or acts to a child under 16 are both Level 3 sex offenses which mandate lifetime sex offender registration upon conviction.


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