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

Oklahoma Jail Employees Accused of Rape

08-Apr-2016

In just over a week, employees of two Oklahoma jails have been arrested on rape complaints after allegations that they had sex with inmates.

On March 29, a former Muskogee County jailer was arrested on a second degree rape complaint related to an alleged sexual encounter with a female inmate in June 2015.

On April 7, a Craig County jailer was arrested on complaints of second degree rape and rape by instrumentation for allegedly having sex with a jail inmate.

In the Muskogee County case, officials became of the allegations against Harold Eugene Shinn III, 22, in January. He was fired, and the Muskogee County Sheriff's Office asked the OSBI to investigate the allegations. Investigators questioned the woman about the alleged incident. Investigators say that when they interviewed Shinn about the alleged encounter, he admitted the act and gave details similar to those the woman used to describe the incident. The OSBI arrested Shinn at his residence late last month, and he was booked into the Muskogee County Jail on a second degree rape charge. He has since been released on $25,000 bond.

In the Craig County case, the Sheriff's Office contacted the OSBI to investigate after learning of allegations that jail employee Shea Dillon Barr, 24, was involved in a sexual encounter with a female inmate. Barr, who has worked at the jail since August, allegedly admitted to having sex with the inmate. Barr was arrested and booked into the Craig County Jail on two felony counts. 

In both cases, the incidents between the jailers and inmates are said to have been consensual. However, under Oklahoma law, no one in the custody or under the supervision of a state agency has the legal capacity to provide consent to sexual activity with an employee of that agency. This applies to relationships between teachers or school employees and students, law enforcement or jail employees and arrestees or inmates, and DHS workers and those under DHS custody or supervision.

According to 21 O.S. § 1111 and § 1114, the following acts of sexual intercourse are second degree rape, a felony sex crime:

  • 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.

Second degree rape is punishable by one to 10 years in prison and lifetime sex offender registration.

 



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