DUI and Revoke of Oklahoma Probation
In the past week we have successfully represented two more Oklahoma criminal cases. The first was a DUI charge (driving under the influence) but with our efforts the charge was reduced to speeding and the client received only a $100 fine.
The second was an application to revoke our client's probation. We were able to present enough evidence in Oklahoma court to convince the judge that our client had not violated his probation and subsequently, the application to revoke his probation was dismissed.
Oklahoma Governor Henry Signs Bill Increasing Sex Offender Restrictions
Last week, Governor Brad Henry signed Senate Bill 2064 into law. The bill, sponsored by Senator Jay Paul Gumm (D-Durant) and Representative Randy Terrell (R-Moore), strengthens restrictions on registered Oklahoma sex offenders by increasing the "zone of safety" around locations frequented by children: schools, childcare facilities, playgrounds, and parks. Under the previous statute, sex offenders were not allowed within 300 feet of such areas; the new legislation extends the zone to 500 feet.
In fact, only two days after Governor Henry signed the new sex offender restrictions into law, a registered sex offender was arrested at the Festival of the Arts in Oklahoma City. When officers received complaints of a man panhandling and, the next day, of being intoxicated, they discovered that he was, in fact, a registered sex offender convicted of forcible oral sodomy in 1999. Because the Festival of the Arts takes place within an Oklahoma City park, as a sexual offender, the man was not allowed within 300 feet under existing Oklahoma law. He was arrested on a complaint of failure to comply with Oklahoma sex offender registration laws. When the new law is enacted, the "zone of safety" surrounding the park will increase to 500 feet, keeping registered offenders even further from the Festival.
An expanded zone of safety is not the only restriction strengthened by Senate Bill 2064. The law places new restrictions on registered sexual offenders who have legitimate reasons, such as dropping off or picking up their own children, for entering into a declared safe zone such as a school or daycare. Any offender who has a legitimate purpose for entering the zone must first notify the facility of his or her status as a sex offender. The sexual offender must further inform the facility of the time he or she will be in the area, and may only remain in the area for a "reasonable" amount of time.
Senate Bill 2064 is designed to protect children from sexual predators. However, it also further restricts the rights of those who may have been unjustly convicted or arbitrarily assigned to a high-level tier by the Risk Assessment Review Committee. If you are charged with a sex crime in Oklahoma, you may be facing lifetime registration as a sexual offender and subject to these new restrictions. Seek competent, experienced counsel from an Oklahoma City sex crimes defense lawyer to ensure the best outcome to your case.
A Further Look at False Child Sexual Assault Claims
Last week, we began looking at false rape accusations and false child sexual assault allegations. The posts discussed the consequences of a false accusation, and even worse, a wrongful conviction. While traditional theory is that children don't lie about abuse, this theory has been repeatedly proven to be untrue. Most false allegations of child molestation are lodged by an adult on behalf of the child. However, sometimes children do lie about being sexually abused.
One particular scenario of a child making false claims of sexual abuse against an adult is the "get a new daddy" phenomenon. A child will accuse his or her step-parent, or the romantic partner of a parent, of sexual assault in order to get him or her out of the picture. The phenomenon has become common enough that it has been satirized by the comedy troupe The Whitest Kids U Know:
While the above song attempts to take a light-hearted view of the scenario, the situation is anything but funny. One falsely accused father chronicles his horrific saga of false accusation on his blog. He tells of being accused of assaulting a little girl at a party, and how his proclamation of innocence was twisted into what seemed to be a confession on his "statement," which was written entirely by the interviewing officer. He tells of being removed from his own home and separated from his own children based on the recommendations from Child Protective Services and the wrongful accusation of a four-year-old girl.
One Oklahoma victim of false accusation, Timothy Durham, was charged and convicted of raping an 11-year-old girl in Tulsa County, even though eleven alibi witnesses placed him at an event in Dallas at the time of the alleged incident. Durham's ordeal began with the wrongful allegation of child rape in 1991 and continued until he was exonerated by DNA evidence in 1997. Durham was incarcerated for 3-1/2 years before his conviction was overturned.
If you are the victim of false child sexual assault allegations, do not speak to police, DHS or child protective services workers, or anyone else about the events without an Oklahoma City sex crimes defense lawyer present. An experienced defense attorney knows the ways in which your own words and expressions of innocence can be twisted and used against you. The consequences of a false claim of child sex abuse can be devastating and lifelong. Be sure to immediately seek competent, knowledgeable defense counsel if you are wrongfully accused of sexual abuse in Oklahoma.
Falsely Accused: False Allegations of Child Sexual Abuse
The previous post discussed unfounded rape accusations and the terrible implications they have for the falsely accused. However, even more frightening and dire is the false child molestation accusation. When someone is accused of sexual abuse of a child, the legal and public response is swift and vicious. When an allegation of child molestation is made, the protection of the child is of utmost importance. However, in an instance of false child sexual abuse claims, the constitutional rights of the accused are frequently trampled.
Under the United States justice system, the accused is supposed to be presumed innocent until proven guilty. However, in the case of lewd acts with minors, it usually falls on the accused to prove his own innocence, which can be difficult to do in the absence of physical evidence.
Additionally, one has the right to face his or her accusers; with allegations of child sexual assault, however, the protection of the child trumps the rights of the accused, and accusers are often allowed to testify outside the courtroom or via video. In fact, in Garfield County, Oklahoma child accusers testify from a forensic interview room, accompanied by "specially trained law enforcement and child protective personnel," who generally automatically assume the child is telling the truth.
There are several reasons someone may be the target of false accusations of child molestation:
- One parent accuses another during a custody dispute
- A child fabricates the incident after coercive interviewing
- A child invents the incident after hearing stories of similar allegations of child sexual assault
- An adult accuses another for revenge or retaliation
- A child accuses an adult for revenge or retaliation
Regardless of the reason for the accusation, the consequences of a false sex abuse claim are far more serious for the accused than the accuser, even if the story is proven false. The accuser may be charged with the misdemeanor of making a false report, but the accused will have often lost his job, his family, and his freedom by the time the truth comes to light.
If you are wrongfully accused of child sexual assault in Oklahoma, do not speak with the authorities about your situation until you have found an experienced Oklahoma City defense lawyer with a proven record of success. Your words--even proclamations of innocence--will be used against you by those who assume your guilt. Your sex crimes defense attorney will help you navigate the system to avoid a wrongful conviction.
Falsely Accused: False Rape Allegations
In 1989, Gary Dotson became the United States' first innocent prisoner to be exonerated through DNA evidence. Dotson had already served 10 years of a 25-50 year sentence for aggravated kidnapping and rape. Although his accuser recanted her story in 1985 and said she made it up to cover a sexual encounter with her boyfriend, a judge refused to order a new trial, saying that the complainant's original testimony was more convincing than her recantation. In 1988, Dotson's defense attorney conducted previously unavailable DNA tests, which ultimately proved his innocence. An innocent man served 10 years for a crime he didn't commit, and which even his accuser admitted never even happened. One study shows that between 1989 and 2003, 328 men and women convicted of rape were exonerated; over half of those had already served 10 or more years of their sentence, despite their innocence.
False rape accusations are serious, potentially destroying the lives of the accused. While some organizations show that only 2% of rape claims are unfounded, other research shows false rape claims to be as high as 43%. The FBI's 1996 Uniform Crime Report states that 8% of forcible rape claims are unfounded, compared with the 2% average for all other crimes. The FBI statistic only accounts for forcible rape charges determined to be false through investigation. It does not take into consideration the number of other false sexual assault claims or the number of accusations recanted or dismissed at trial.
Locally, the OSBI reported 1,453 rape offenses in Oklahoma in 2008. If the FBI statistic that 8% of rape claims are unfounded holds true, that means there are potentially 116 Oklahomans wrongfully accused and convicted of rape each year.
Some victims' advocates claim that women don't lie about rape; however, recent high-profile cases have proven that to be untrue. Kobe Bryant, Ben Roethlisberger, and the Duke Lacrosse team represent only a few of the incidents of false allegations of rape that have received national media attention.
Some reasons accusers lie about being rape include:
- spite or revenge
- an alibi for their own sexual encounters
- a ploy for sympathy or attention
- regret over sexual indiscretions
Recently, a woman pulled over for a traffic violation claimed she was sexually assaulted by the officer who wrote her a ticket. Her annoyance at a minor traffic ticket could have cost an officer his profession, his family, and even his freedom, had it not been for the officer's dashboard camera. See the news story below:
If you have been accused of rape, seek defense counsel immediately. Do not answer any questions about the alleged incident or talk to police until you have an Oklahoma rape defense lawyer present. If you are innocent, your first instinct may be to try to clear things up with the police, but even if you have not yet been arrested, your words can be twisted and used against you. An attorney with a proven record of successful rape defense is your best ally if you have been falsely accused.
Oklahoma Statutory Rape Laws and the Age of Consent
Under Oklahoma law, sexual intercourse with a person considered legally unable to consent is considered statutory rape. Oklahoma statutes include the following as unable to give legal consent:
- Those under the age of 16
- Those incapable of giving legal consent due to mental illness or unsoundness of mind (temporary or permanent)
- Those under the supervision or legal custody of a state agency, county, municipality, or political subdivision who engage in sexual activity with an employee or contractor of the authority. This includes relationships between teachers and students, even if the student is between the ages of 16 and 20.
Commonly, statutory rape occurs when a person under the age of 16 (Oklahoma's age of consent) becomes involved in a seemingly consensual sexual relationship with a person at least 3 years older who is over the age of 18. Remember, even if a person under 16 consents to sexual intercourse, the state of Oklahoma deems that person legally unable to give consent. If a 19-year-old high school senior had "consensual" sex with his 15-year-old girlfriend, he would be guilty of second degree rape under Oklahoma law. Under Oklahoma sentencing guidelines, he would be subject to up to 15 years in prison and would have to register for life as an aggravated sex offender.
Additionally, if the couple were found to have engaged in oral sex, the young man could be found guilty of forcible oral sodomy, which carries up to a 20-year sentence for the first offense.
If the victim is under the age of 14, the defendant may be charged with first degree rape, which carries a minimum sentence of 5 years in prison.
While the above example describes an older boyfriend and younger girlfriend, Oklahoma statutory rape laws are not specific to gender. A woman over the age of 18 who has sexual intercourse or oral sex with a boy under the age of 16 is guilty of statutory rape. The law also applies to same-sex relationships.
Oklahoma statutory rape is a strict liability offense. This means that, regardless of the intent, if a person over the age of 18 has sexual intercourse with a person under the age of 16, he or she is guilty of statutory rape. Whether the encounter was consensual and whether the couple were in a steady relationship are of no consequence. If the sex occurred, the statutory rape occurred.
Accusations may come from angry parents or may come from the under-aged partner as a result of a breakup or fear of getting in trouble. If you have been accused of second degree rape in Oklahoma, knowledgeable legal defense can help you avoid being convicted of a sex crime. The prosecution must prove not only the victim's age at the time of the alleged sexual encounter, but must also prove that sexual intercourse occurred. An Oklahoma statutory rape defense lawyer will look at mitigating circumstances, including prior false accusations, and will place the burden of proof on the prosecution.
Driving Under Suspension
The Driving with a Suspended License case against one of our clients was dismissed today in Bethany Municipal court. If you are facing this or other traffic charges, be sure to get an Oklahoma Defense Lawyer with proven results to represent you.
Oklahoma City Teacher Accused of Showing Nude Photos to Student
The Oklahoman and KOCO report that an Oklahoma City high school teacher has been suspended with pay for allegedly showing nude photos of himself to a student on a computer at the school. The student who claims she is the victim of indecent exposure says that the teacher first showed her photos of himself with his family, and then showed posed, nude photographs of himself.
The student goes on to claim that the teacher had earlier sent her "inappropriate" text messages and "popped the elastic of her panties during computer classes."
Approximately a week after his suspension, the teacher was arrested; however, he was released after eight hours, and no charges have been filed pending the investigation.
According to an Oklahoma defense attorney who has consulted with the accused, "People get arrested all of the time for crimes they didn’t commit. Accusations get made against teachers all of the time by students, or by family members, that end up having no merit whatsoever.”
In fact, this is not even the first time this particular teacher has been accused of sexual misconduct. In February of 2009, the teacher was accused of inappropriately touching a student, but no charges were filed due to lack of evidence and conflicting witness statements.
The reader comments following the article describing the incident clearly show the devastating effect an accusation against a teacher can have on the accused. The comments demonstrate outrage that the teacher is suspended with pay, even though the teacher has not even been charged with any sex crime. Readers are horrified that he is currently not in jail after allegedly exposing himself to a minor, but the alleged victim is "19 or 20 years old," according to The Oklahoman, and not a minor at all.
Accusations of crimes of a sexual nature are justifiably taken very seriously. However, there are many reasons a student might falsely accuse a teacher: anger over bad grades or discipline, retribution for a teacher spurning a student's own overtures, or even as an attempt to gain attention or sympathy from others. While the accused is supposed to be considered innocent until proven guilty, when it comes to sexual allegations against teachers, the accused is often convicted in the eyes of the public, regardless of any facts or evidence surrounding the case. A competent, experienced Oklahoma sex crimes defense lawyer will look at the factual evidence--or lack thereof--and aggressively fight to ensure the rights of the accused are upheld.
Oklahoma Unemployment and Expungement of Criminal Records
Oklahoma is fast approaching a 7% unemployment rate. As the number of jobless Oklahomans increases, it becomes harder and harder for workers to find gainful employment. The job market is increasingly competitive, and even highly qualified individuals have a hard time finding work. For job-seekers with a criminal record, the picture becomes even bleaker. Employers often look at an applicant's past conviction and immediately decide not to hire that person. They don't take into account the severity of the crime, the length of time that has passed since the conviction, or the applicant's age at the time of conviction. Job-seekers may become discouraged after repeatedly enduring employment discrimination due to a prior conviction.
However, there is hope for Oklahoma job-seekers with a past conviction. An Oklahoma criminal defense lawyer can file a petition for expungement of records of one's arrest or convictions.
An expungement is the legal process of having the record of a person's criminal conviction or arrest sealed from public view. Many people mistakenly believe that if there is no conviction as a result of an arrest, the record of that arrest is purged. Additionally, many people assume that juvenile arrest records are automatically expunged when the convicted person reaches the age of 21. However, the arrest is still part of public record unless a competent Oklahoma expungement attorney fights for the arrest record or criminal conviction to be expunged.
There are two types of Oklahoma expungements:
- A Section 991c expungement allows a person's plea to be expunged after the completion of a deferred sentence. The plea is changed from "guilty" or "no contest" to "not guilty," and the disposition changed from "deferred sentence" to "case dismissed." However, the arrest record remains a part of OSBI (Oklahoma State Bureau of Investigation) records.
- A Section 18 expungement allows a person to expunge their entire arrest record, but it is more difficult to obtain. People seeking a Section 18 expungement must meet at least one of ten criteria, including acquittal, appellate reversal of charges, governor pardon, and no charges filed as a result of the arrest within one year of arrest.
If you are a job-seeker looking to make a fresh start without being discriminated against for your prior arrests or convictions, contact an experienced Oklahoma expungement lawyer to evaluate your case.
“Sexting” and Oklahoma Internet and Computer Sex Crime Laws
"Sexting" is the practice of transmitting sexually explicit text messages or images via cell phone, and it can have very serious implications. Sexting can bring about the same charges and consequences of any other Oklahoma computer sex crime. Most frequently, these charges include solicitation of a minor or sale, distribution, downloading, or possession of child pornography.
Just as with any other sex crime, sexting and internet sex crimes hold lifelong consequences for those convicted. If convicted, you may be required to register as a sex offender every three months, to have the words "Sex Offender" on your driver's license for life, to wear a GPS tracking ankle bracelet for life, and to receive written permission to attend religious services.
At a recent hearing organized by Rep. Anastasia Pittman, D-Oklahoma City, investigators and prosecutors reiterated the dangers and legal implications of sexting. Later this year, the Oklahoma Legislature will consider a bill that will clarify language in existing criminal statutes. Such clarification is necessary; in another state, one sexting case was taken so far that the federal court rebuked the district attorney for attempting to prosecute three teenage girls for risque, but not sexually explicit, photos they took of themselves on their cell phones. The girls were charged with distribution of child pornography; ironically, the boys who received and were sharing the photos with others were not charged.
The media has placed a lot of emphasis on sexting as a teenage phenomenon, but it is not just a teen crime. Recently, a Garvin County, Oklahoma, school bus driver was accused of sending sexually explicit text messages to two teenaged students. Within the last week, an Oklahoma City ex-youth minister was sentenced to seven years in prison with ten years' probation after his release. He must register as a sex offender for life after pleading guilty to charges including making lewd proposals over his cell phone.
If you are accused of sexting or other Oklahoma internet sex crimes, you need to contact an experienced Oklahoma criminal defense attorney to uphold your rights and improve the outcome of your case.