Recently, an Oklahoma teacher accused of multiple sex crimes after engaging in a sexual relationship with a 15-year-old student appeared on Dr. Phil to explain her relationship with the teen and how she went from being an ordinary teacher to becoming a sex offender.
Jennifer Caswell, 29, was a married mother of one who had only recently obtained her teaching certificate when she became involved in a relationship with a middle school student. She resigned last April after coming under suspicion for inappropriate acts with the teen, and she was arrested last summer when she traveled to Mississippi to meet the boy for sex while he was on vacation with his family.
Caswell is charged with multiple felony sex crimes in the case:
- One count of forcible sodomy
- Two counts of enticing a child to a secluded place for indecent purposes
- Three counts of second degree rape
The age of consent in Oklahoma is 16. This means that no one under the age of 16 has the legal capacity to consent to sex. Since rape is loosely defined as non-consensual sex, and a person under the age of 16 is not able to legally provide consent, a sexual relationship with a minor under 16 is second degree rape, or statutory rape.
However, under Oklahoma law, there are others in addition to minors under 16 who are unable to provide legal consent. These include people considered to be in the custody or under the supervision of an authority: students cannot legally consent to sex with teachers, inmates cannot legally consent to sex with DOC employees, and those in DHS custody cannot consent to sex with a DHS employee, for example.
In her interview with Dr. Phil, Caswell repeated that she is not a sex offender, she is not a predator, she is not a danger to children, and she is not a rapist. She is rightfully troubled by the fact that she will likely be branded a sex offender for the rest of her life.
Her words echo a common misunderstanding of the words "sex offender" and "rape"--a misunderstanding that can lead to a difficult stigma that burdens those convicted of sex crimes.
"Sex offender," for example, is someone who is convicted of a sex offense. Not all sex offenders are habitual, violent, forcible rapists and child molesters. A great many of them are people convicted of statutory rape--sex with a willing partner who is precluded by law from consenting to sex. Caswell does not see herself as a sex offender because she did not force a sexual relationship. However, she did violate Oklahoma sex crime laws by having sex with a 15-year-old student.
This case illustrates how quickly a normal, law-abiding person can cross the line between propriety and impropriety. Often, those who become involved in illegal relationships with those who do not have the legal capacity to consent are troubled by relationship difficulties at home, depression, and other factors that trigger any typical affair. However, the person who is filling the gaps missing in the perpetrator's life is prohibited by law through age or custodial status.
In an interview with a local news station, Dr. Phil wondered what screening methods could be used in hiring teachers to prevent these illegal relationships. However, there is nothing apparent in Caswell's background that would have indicated that she would begin a sexual relationship with a student. Did she have marital difficulties? Was she in a "loveless marriage?" She says so. But millions of people go through marriage problems without turning to illegal sexual relationships. Instead, teachers and others who eventually become involved in relationships which constitute second degree rape would often have benefited from treatment and counseling for mental health issues prior to crossing the line, rather than lifelong punishment as a sex offender after the fact.
