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Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

Choctaw High School Teacher Arrested

01-Feb-2016

Police arrested a Choctaw High School teacher last Friday after he was accused of having a sexual relationship with a 17-year-old student. Reports say that Austin Quinton, 24, was arrested on multiple rape complaints in connection with the alleged relationship, and he was booked into the Oklahoma County Jail.

School administrators say they became aware of the allegations against the teacher on January 29, and they immediately notified Oklahoma City police, who questioned and arrested Quinton that day. 

School officials say that Quinton is a first year health and physical education teacher and assistant wrestling coach. They do not believe the allegations against the teacher involve any other students.

In Oklahoma, a person must be 16 years old to be able to provide legal consent to sexual intercourse. Anyone under the age of 16, by state law, is incapable of consent. Therefore, even if a minor aged 15 or younger willingly participates in sexual contact with an adult aged 18 or older, the act is charged as second degree rape--a felony sex crime requiring lifetime sex offender registration.

However, there are several instances in which a person aged 16 or older is still denied the legal ability to consent to sexual intercourse. These situations typically involve relationships where one person is presumed to be in authority over the other. These relationships include the following, according to 21 O.S. § 1111:

  • Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim; 
  • Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system; or 
  • Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant.

If the minor is aged 14 or older and is a willing participant in the sexual contact, it is typically charged as second degree rape, forcible sodomy, lewd acts with a minor (age 13 through 15), or sexual battery (age 16 and up), depending on the alleged sexual activity.

When sexual intercourse is accomplished through force or with anyone aged 13 or younger, the act is charged as first degree rape.

First degree rape is punishable by 5 years to life in prison; second degree rape is punishable by one to 15 years.



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