The Phillips & Associates Oklahoma Law Blog


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By Dustin Phillips on
April 29, 2014
February 5, 2020

The news media loves stories about student-teacher sexual relationships. Often, these stories involve high school teachers and students who are old enough provide legal consent, but who are legally unable to do so through the state's statutory prohibition of sex between students and teachers. Sometimes, though, these stories involve teachers who prey upon children who are far too young to provide legal consent, even if they were not barred from doing so by other laws.For example, Kimberly Crain, a third-grade teacher in McCloud, Oklahoma, was convicted of more than 20 sex crimes against her students, and was sentenced to 45 years in prison. Although first incarcerated in the Mabel Bassett Correctional Center, also in McCloud, Crain was transferred to a Kansas prison because officials feared for her safety at the Oklahoma women's prison.Now, a Tulsa sixth grade teacher is making headlines after he was accused of having sexual contact with a 12-year-old girl in his classes. Brian Drabek, 41, was arrested on complaints of lewd molestation of a minor. Police say Drabek admitted to inappropriate touching of a sexual nature on at least four occasions, including at the school and at his home.Drabek was questioned at the school, Thoreau Demonstration Academy, and as a result of the interview, he was arrested and booked into the Tulsa County Jail. Although court records do not indicate that he has been formally charged as of this writing, jail records show that he is still being held on $50,000 bond for each of four complaints of lewd molestation of a minor under 16.In Oklahoma, conviction of lewd or indecent acts or proposals to a child under 16 is penalized according to the age of the victim. If the victim is aged 12-15, the potential sentence ranges from 3 to 20 years. If, however, the victim is under the age of 12, the minimum sentence is 25 years in prison.Drabek, who has been employed by Tulsa Public Schools since 2001, has been placed on paid administrative leave. This fact enrages some parents, who cannot fathom why the district would continue to pay the salary of an admitted child molester. Remember, though, that in our justice system, a person is innocent unless and until proven guilty. Although police reports indicate that the suspect admitted to the crimes, his words may have been misconstrued or intentionally misrepresented. This is why it is so critical that anyone who is questioned about involvement in a sex crime--or any other crime--immediately refuse to answer any questions or make any statements without the counsel of an experienced attorney.


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