Man Accused of Sexually Assaulting Teen in OKC Apartment Pool04-Jul-2016
An Oklahoma City man is behind bars after a resident at a southwest metro apartment complex reportedly saw him inappropriately touching a young teen at the complex pool.
The witness called police to report a man and girl having sex in the apartment pool. When police arrived, they spoke to several witnesses who allegedly saw sexual contact between the man and the girl. One witness allegedly recorded some of the contact on her cell phone and showed it to police.
Police spoke with the man, identified as Jon Kevin Davis, 54, and the girl, who is 14 years old. Initially, police say, neither the man nor the girl admitted any wrongdoing. Davis allegedly told police he was only swimming and "playing around."
However, police say they next questioned the pair separately, and the girl then admitted that sexual contact occurred between the two. The girl allegedly told police that the man digitally penetrated her and put his mouth and genitals against her genitals. Police arrested Davis on complaints of forcible sodomy and first degree rape by instrumentation. As of this writing, he remains in the Oklahoma County Jail on $150,000 bond. He has not yet been formally charged.
Oklahoma's forcible sodomy law typically refers to non-consensual oral sex, either by force or the legal incapacity of the victim to provide consent because of age, custodial status, or intoxication. The intoxication stipulation was recently signed into law by Governor Mary Fallin and the amendment took effect immediately. Found in 21 O.S. § 888, the state's forcible sodomy statute ascribes a maximum penalty of 20 years in prison for conviction of the crime. A forcible sodomy conviction also mandates lifetime sex offender registration in Oklahoma.
Given the provided details of the case, it seems that formal charges of second degree rape by instrumentation would be more appropriate than the first degree rape by instrumentation complaint on which the accused man is held. First degree rape is defined in 21 O.S. § 1114 as sexual penetration occurring under one or more of the following circumstances:
1. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
2. rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
3. rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit; or
4. rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused; or
5. rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
6. rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
7. rape by instrumentation committed upon a person under fourteen (14) years of age.
If the man provided alcohol to the minor, it is possible that the crime would meet the criteria for a first degree rape charge. Otherwise, given the girl's reported age (14) and her apparent consent to the contact, it would seem that a second degree rape charge would be more appropriate.
First degree rape is punishable by 5 years to life in prison. Second degree rape is punishable by one to 15 years in prison. In either case, conviction requires lifetime Oklahoma sex offender registration.
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