Suspect Arrested after Woman Finds Burglar Raping Her Daughter19-May-2014
Early Saturday morning, a Tulsa mother awoke to the sound of her 5-year-old daughter crying. She went to her daughter's room to check on her, but discovered that the little girl wasn't there. She soon discovered her child in another room with a strange man lying on top of her. The mother pulled the man off of her daughter and after a scuffle, the assailant fled through a kitchen window, the same window police believe the man used to enter the home.
After hearing news of the sexual assault of a child in the neighborhood, another woman called police with a tip, saying that a registered sex offender named Kyle Hancock, 29, was living near the home where the girl was attacked. Police tracked down Hancock, and a companion who was with him at the time of his arrest on an outstanding warrant out of Creek County told investigators that Hancock admitted to the rape. According to the witness, Hancock said, "I have a demon in me."
In 2012, Hancock was convicted of Lewd or Indecent Acts or Proposals to a Child Under 16. He was given a 3-year suspended sentence and ordered to pay a fine and register as a sex offender for life. However, he was not making his scheduled fine payments, and he failed to appear at a court date related to the lewd acts conviction in December. Shortly thereafter, prosecutors made a motion to revoke his suspended sentence, and a Creek County judge issued a warrant for his arrest.
Although he initially avoided prison on the first sex crime charge, Hancock may not be so lucky this time. If convicted, he will be a repeat sex offender, and one who exhibits predatory behavior by breaking into a stranger's home to rape a child.
Hancock was arrested on complaints of first degree burglary and first degree rape. He is being held without bond in the Tulsa County Jail.
First degree burglary is defined by Oklahoma law as breaking into and entering an occupied residence with the intent to commit a crime. Breaking and entering as it relates to first degree burglary may entail forcibly breaking into the home through busting a door, window, wall, shutter, lock, bolt or latch, or it may entail picking locks, using false keys, or entering through a window. Burglary in the first degree is a felony, and the penalties include 7 to 20 years in prison. Additionally, it is an 85 Percent Crime requiring anyone convicted to serve at least 85 percent of his or her sentence before becoming eligible for parole.
By statute, first degree rape is punishable by death or life in prison; however, the United States Supreme Court has ruled that the death penalty is unconstitutional in all but certain homicide cases. Although the penalty for first degree rape is life in prison, a repeat sexual offense against a child is punishable by life without parole.
According to 21 O.S. 51.1a, "Any person convicted of rape in the first degree, forcible sodomy, lewd molestation or sexual abuse of a child after having been convicted of either rape in the first degree, forcible sodomy, lewd molestation or sexual abuse of a child shall be sentenced to life without parole."
A Tulsa police sergeant told reporters, "Guys like this don't ever need to be out on the street again. He shouldn't have got out as quickly as he did from the first time."
If Hancock is guilty of the crime with which he is accused, it doesn't seem as if getting out quickly will be a concern this time.
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