Your Best Defense Podcast
About This Show
Your Best Defense Podcast is hosted by Oklahoma City Criminal Defense Attorney Jacquelyn Ford. Your best defense is a good offense. Jacqui Ford, not afraid of a fight and always fighting for what is right! Find out more at fordlawokc.com or call 405-604-3200.
Most Recent Episode
Sex Crime Involving Children OKC
Apr 19 16
Jacqui Ford: Welcome to Your Best Defense podcast. My name is Jacqui Ford and we’re continuing our series today on sex crimes involving children.
Some of the things we’ve been seeing in the Oklahoma City metropolitan area lately is several teachers from local school districts who have been charged with sex crimes for having inappropriate relationships with their students. Of course, it’s easy to find outrage in our teachers engaging with our students. But when we look closely at the law, what we realize is it can be a rather confusing situation for both the teacher and the student.
A number of times we see these students who are 16, 17, or 18-years-old who are otherwise legally able to consent. They believe that they are following the law when they’re engaging in activities with their teacher. They think that they have the legal, lawful authority to consent. And, sometimes, even by the government’s account, the children, if you will in these cases, the 16, 17, and 18-years-olds are the ones pursuing the sexual activity.
Not to make excuses for what’s appropriate and inappropriate, but the law says that a 16, and 17, and 18-year-old can, in fact, consent to sexual intercourse in certain situations. What they don’t understand, and what many people don’t understand, is that there are special circumstances for teachers. There is a statute, that is separate and distinct from all of the other rape cases, that defines having sex with a student, or an employee of a school. And what it says is that no student can consent to sexual intercourse with a teacher.
It arises with a bunch of questions – why is that so? If the teacher is a consenting adult, and the teacher can engage in a consensual sexual act. And the teenager is a consenting adult, for the purposes of this conversation, and can consent to a consensual sexual act. Why can they two of them not do it together?
Well, it’s not just because it makes us fell icky. Okay? The idea is that the teacher is in an authoritative position over the student. Whether they are actually in an authoritative position over the student, or they can be perceived by the community, or more correctly spoken, perceived by the student to be in an authoritative position. And that’s why the legislature has carved out this special set of circumstances.
It doesn’t always shake out to be fair. Because people are unaware of this law, and it’s only found in one littl