The Phillips & Associates Oklahoma Law Blog


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By Dustin Phillips on
December 12, 2013
February 5, 2020

A teacher at Capitol Hill High School in Oklahoma City is suspended pending an investigation into allegations inappropriate sexual activity with students. Police say the principal called them to the school after receiving reports that a teacher was distributing indecent materials to students. A male student accused a female teacher of sending indecent pictures, and while police were taking the report, a second student reported that he had also received indecent material from the teacher. As they were taking the report, a third male student admitted to police that he and the teacher had sex near the school last month.  According to Oklahoma City Police Captain Dexter Nelson, "We believe that if (a sex act) did occur, that it was probably consensual." However, under Oklahoma law, no student under the age of 20 is able to provide legal consent to sex with a school employee; therefore, the teacher is suspected of second degree rape. The teacher is suspended pending an investigation, but because she has not been arrested, she has not been identified by either the school district nor the police department. Captain Nelson said, "We're doing an additional investigation prior to making an arrest. We want to make sure that this is something that actually happened as opposed to just an allegation that was made." His statement and the teacher's suspension illustrate just how easily a verbal accusation of a sex offense can disrupt a person's life, even before an investigation is complete, an arrest has been made, or formal charges are filed. Oklahoma City Public Schools interim Superintendent David Lopez released the following statement: "We are aware of the new allegations involving the suspended teacher at Capitol Hill High School. The teacher was removed from the classroom last week and the district continues to cooperate with the investigation led by the Oklahoma City Police Department. These allegations are serious and undermine the safe and professional learning environment our students deserve and our community expects. When the safety of our children is in question,  OKCPS will respond immediately to remedy situations that put our students at risk." Second degree rape, or statutory rape, is a Level 3 sex offense punishable by 1 to 15 years in prison and lifetime sex offender registration. Read more. Lewd or Indecent Proposals or Acts to a Child Under 16, which includes causing a child to look at pornography, is a felony sex crime punishable by 3 to 20 years in prison. In this specific case, the age of the victims has not been released, other than to say that they are under the age of 18. Click here for more information. Distributing obscene materials is prohibited under the state's indecent exposure law, and it is punishable by incarceration of 30 days to 10 years and a fine ranging from $500 to $20,000. Find out more about indecent exposure and Oklahoma obscenity laws.


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