Jailer Sentenced for Sex Crime Against Inmate

After pleading no contest to a single charge of forcible sodomy, a former guard at a private prison in Holdenville, Oklahoma, was sentenced Friday in Hughes County District Court.  Christopher Smith, 29, was sentenced to seven years in prison, with all but the first year suspended.  Upon release, he will be required to serve two years of state supervised probation, and he must register as an Oklahoma Sex Crimes Offender. The incident which led to Smith's criminal charge occurred in June 2011.  Smith's accuser, inmate Kelly Demings, 42, says the guard forced him to perform oral sex on him in a staff restroom at the Davis Correctional Facility, using his "power of position" to perpetrate the act.  Smith, however, says he did not force the contact, but rather "allowed" Demings to perform oral sex on him. An affidavit says that Demings preserved DNA evidence from the incident, and that analysis determined a DNA match to Christopher Smith.  Demings has also filed a civil suit related to the sex crime, saying that his treatment by Smith at the correctional facility amounted to cruel and unusual punishment. Regardless of whether Smith's story of consensual oral sex or Demings' story of forcible oral sodomy is true, under Oklahoma law it is illegal for a prison guard to engage in sex with an inmate. O.S. § 21-888 A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than twenty (20) years, except as provided in Section 3 of this act. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence. B. The crime of forcible sodomy shall include: 1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or 2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or 3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or 4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state. With a potential sentence of up to twenty years in prison, the year that Smith will serve is comparatively light.  However, registration as an  Oklahoma Sex Offender is likely to create difficulties for the former guard long after his time is served.  To find out more about sex crime laws in Oklahoma, or to find an attorney equipped to handle your case, please visit the sex crime defense page of our criminal defense website, OklahomaCriminalDefense.com.