A Bristow High School English teacher accused of having a sexual relationship with a student resigned just hours before his arrest on multiple felony sex crime complaints.
Allegations of Statutory Rape
Reports say a police officer discovered Christopher B. Bivins, 24, with a female student by a rodeo arena near the high school. The police officer confiscated the phones of the teacher and the student. Bivins cell phone reportedly contained "'numerous' texts, pictures and videos depicting him and an underage girl engaged in sexual acts." The discovery launched an investigation into the possibility of an illegal relationship. Bristow police and the Creek County District Attorney's Office asked the OSBI to investigate.
Over the next two days, the OSBI conducted interviews and analyzed the cell phones, and determined there was sufficient evidence to arrest the teacher.
On Wednesday, Bivins resigned from his position with Bristow Public Schools, and within hours, he was arrested and booked into the Creek County Jail on complaints of second degree rape, sexual battery, possession of child pornography, production of child pornography, and violation of the Oklahoma Computer Crimes Act.
The OSBI says the investigation is continuing.
Second Degree Rape in Oklahoma
Second degree rape, commonly known as statutory rape, typically refers to apparently consensual sex between two people when one of those parties is legally unable to provide consent. Often, this includes a sexual relationship between an adult aged 18 or older and a minor aged 14 or 15. (In Oklahoma, the age of consent is 16; if a child is aged 13 or younger, the crime is charged as first degree rape.)
However, age is not the only factor which would preclude a person from the ability to provide lawful consent. Under state law, no one under the legal custody or supervision of a state or local agency may consent to sex with an employee or contractor of that agency, and no student under the age of 20 may consent to sex with an employee of the same school system the student attends.
Although the age of consent to sexual contact is 16, both state and federal law make it illegal to capture or possess sexually explicit images of a minor under the age of 18. Therefore, any pictures or videos taken during a sexual encounter with a minor under 18 would be deemed child pornography, even if the minor was old enough to legally consent to the sexual activity.
Second degree rape is punishable by a maximum of 15 years in prison. It is a Level 3 sex offense, meaning that anyone convicted of this crime is subject to the Oklahoma Sex Offender Registration requirements for the rest of his or her life.