Oklahoma City police arrested an 18-year-old man after a younger teen reported that he had raped her.
The 15-year-old girl told police that she met Kelvin Esquibel, 18, at a carnival, and the two maintained contact via Facebook and her friend's phone. She reported that she had invited him to a friend's party on Labor Day, and when he arrived that evening, he suggested that the two leave the party to go get ice cream and go to a park.
Instead of going for ice cream, she says, the older teen drove her straight to the park. When he asked her to get in the back seat of the vehicle with him, the girl agreed. She told police that the two began kissing, but when things progressed, she told him that she wanted to "take things slow." Instead, she reported, he continued to touch her inappropriately. Rather than stopping or slowing down, she says, he raped her.
The girl says she fought him and was eventually able to kick him off of her before demanding that he take her home.
Although the incident occurred Monday night, she did not report the alleged rape until Thursday. Police located Esquibel and arrested him on a complaint of first degree rape.
He remains in the Oklahoma County Jail, where he is held on $25,000 bond.
If the allegations in this case are true, it fits the stereotypical date rape situation. A couple gets together for a date and may even engage in some consensual physical contact. However, it is important to remember that consent to some sexual contact does not equate to consent to all sexual contact. Continuing sexual activity when one party does not consent to continued contact is sexual assault. Forcing non-consensual intercourse is rape.
Under Oklahoma law, the penalty for first degree rape is a minimum of 5 years in prison. By statute, Oklahoma law still prescribes the death penalty as the maximum punishment for first degree rape; however, the United States Supreme Court ruled in 1977 (Coker v. Georgia) that the death penalty is unconstitutional for the rape of an adult who is not killed in the act. In 2008, the Supreme Court ruled in Kennedy v. Louisiana that the death penalty is unconstitutional in cases of child rape and any other crime in which the victim was not intentionally killed.
A rape allegation is one of the most serious charges a person can face. It is important to note that anyone accused of a crime is to be considered innocent unless proven guilty. The classic "date rape" scenario is strikingly similar to the classic description of a false allegation of rape made by a person who regrets a consensual sexual encounter or who cries "rape" in an effort to get out of trouble by deflecting blame.
If you or someone you love has been accused of rape, it is important to quickly secure legal representation. Call Oklahoma criminal defense lawyer Dustin Phillips to schedule a risk-free consultation.
Image Credit: Robert Jack