Internet safety experts caution parents to be vigilant in keeping a watchful eye on their children's online activities. Children and teens are often easily coerced into adult situations, and by keeping the lines of communication open and prohibiting secrecy of social media accounts, parents may be able to reduce the risk of their children falling victim to an online predator. One family is dealing with the fallout of discovering, via Facebook, that their 14-year-old daughter has been involved in a sexual relationship with a 48-year-old Oklahoma City truck driver.
When the parents of the girl discovered sexually explicit Facebook messages between their daughter and Thomas Edwin Matthews, they showed the messages and at least one explicit photograph of the suspect to police. Upon questioning, the girl allegedly admitted that she and Matthews had been involved in a sexual relationship for at least a year.
According to the Oklahoma County Sheriff's Department Oklahoma County Jail Inmate Search, Matthews is being held on $40,000 bond on complaints of second degree rape and soliciting sexual conduct with a minor.
In Oklahoma, no person under the age of 16 has the legal capacity to consent to sexual activity. Sex with a minor under 16, even if the minor is a willing participant, is second degree rape, frequently called statutory rape. Although the offense involves a willing victim, state law holds that a child does not have the developmental ability to understand the implications of a sexual relationship, and that an adult over 18 who encourages or engages in such a relationship with a minor is guilty of abusing authority and taking advantage of a vulnerable person. Second degree rape carries a maximum sentence of 15 years in prison. Statutory rape is classified as a Level 3 sex offense, which mandates lifetime sex offender registration.
Solicitation of a minor to engage in sexual activity is a criminal offense that can be prosecuted under a number of statutes. However, there is a specific statute with regard to online solicitation of a minor. Title 21 Section 1040.13a deals with Soliciting Sexual Conduct or Communication with Minor by use of Technology. This statute makes it "unlawful for any person to facilitate, encourage, offer or solicit sexual conduct with a minor, or other individual the person believes to be a minor, by use of any technology, or to engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by use of any technology."
It is important to note that a person can be prosecuted for soliciting a minor online even if the person with whom he or she is chatting is actually an adult decoy conducting a law enforcement sting. Even if there is no real victim, a person can be criminally charged and convicted based upon his or her intent to solicit a minor.
Soliciting a minor by use of technology is a felony punishable by up to 10 years in prison, regardless of whether any sexual contact occurred as a result of the communication.
Learn more about Oklahoma laws against soliciting minors online here.
