Victim: Law Protects People Who Commit Sex Crimes Against Kids

By Colleen Chen, NEWS 9

NORMAN, Oklahoma -- A Cleveland County family said the law is protecting people who commit sex crimes against kids and they want to see it changed.

The victim was a 12-year-old who said she was molested over the summer. To protect her identity, NEWS 9 is calling the victim "Kim."

Kim's story is graphic, but she was adamant about telling it. She said it is the only way to make a difference because Kim said the law is not protecting her.

"The last thing I want is for them to do it to other girls," Kim said.

The 12-year-old said the molestation happened when she spent the night at a friend's house and three neighborhood boys showed up in the morning.

"They pushed me into the parent's bedroom onto the bed and they locked the door behind me. When that happened, they started. They pulled up my shirt," she said.

Kim said from there, two of the boys forcibly fondled her breasts. It took a lot for Kim to tell her family, who then convinced her to tell police.

"We encourage kids every day to come out about sex crimes. Now, we're telling these kids nothing can be done," said a relative named Mary.

Mary was talking about an Oklahoma Statute that NEWS 9 Legal Analyst Irven Box calls "the playing doctor statute."

When it comes to lewd acts against those under 16, the statute reads: "Shall not apply unless the accused is at least three years older than the victim."

Kim said the boy that held her down was an 8-year-old and the two that actually touched her were close to 13.

"These kids were not only able to get away with it, but in their mind I could only imagine that they think that's okay," Mary said.

She said a Cleveland County District Attorney faxed her the statute as an explanation as to why charges were not filed.

"The intent behind the law is to say we don't make criminals out of children who are trying to explore life," Box said.

Mary said she understands that intent, but she thinks, unfortunately, kids aren't always kids these days.

"It makes you realize how capable these kids are of knowing and understanding things like sex and sex crimes," Mary said.

However, Box said, unfortunately, the D.A.'s hands are tied.

"If I was the parents of the young girl, I would be highly upset, but the D.A. can only file charges that the legislature allows him to file," Box said.

Kim said that's why something needs to change.

"I don't sleep. I've been having trouble at school. We should be able to press charges. It's just not fair," she said.

No one from the Cleveland County District Attorney's Office would comment on this story. They said they can't comment on cases that involve juveniles.

The victim's relative wants the statute reworded. However, the line that the victim and her family said they are upset with was actually added with an amendment to the statute in recent years.