Bubbaworld

Only in Oklahoma can a 40-something year old man sexually abuse a child for two years, impregnate her twice – fathering two children, escape without criminal charges being filed against him and then sue for custody of the children, gain custody of one and be awarded child support from the victim he sexually assaulted over a period of two years.

As far-fetched as such a scenario may seem to civilized persons, that is exactly what has happened in McCurtain County, Oklahoma.

The ‘star players’ in this hideous case of justice run amok are as follows:

Admitted child rapist John Keith Tucker, age 45, a resident of McCurtain County, Oklahoma. Tucker is reportedly single and works repairing gaming machines at Indian casinos.

Melonie Hamm Knutson, age 19, a mother of four, she with her husband lives in Carthage, Mississippi and has authorized the release of her name in media reports. At 14 years of age Melonie Hamm became the rape victim of John Keith Tucker. Tucker was at the time about 40 years old. Between the time the victim was 14 and 16 years of age she was sexually abused by Tucker and became pregnant twice owing to that sexual abuse. The children at the center of this case are a boy who is now 5 years old and a girl who is now 4.

McCurtain County Associate District Judge Michael DeBerry who awarded custody of the 5 year old boy to admitted rapist John Keith Tucker, ordered the child’s last name be changed to Tucker and ordered the rape victim to pay Tucker $150 per-month in child support. Judge DeBerry stated that Tucker “has provided a stable lifestyle for the minor child.”

First Assistant District Attorney Jon Lagerberg who refuses to file second-degree rape charges against John Keith Tucker in spite of Tucker’s admission that he did in fact have sexual intercourse with the girl and that he fathered her two children before the victim reached 16 years of age, the age of consent. Lagerberg was quoted in the news media as stating, “I really thought at the time that all of these issues were before the court, and it seemed like a snowball’s chance in hell that she would lose those kids, and she’d get a pretty nice child support payment out of it.”

This shocking story started back in October, 2000 when Tucker, then about 40 years old had sexual intercourse with then 14 year old Melonie Hamm. Oklahoma law both then and now specifies 16 as the lawful age of consent, therefore any sexual intercourse between the two constitutes the criminal offense of second-degree rape on the part of the adult. Under Oklahoma law, a 14 year old can not lawfully consent to sex with an adult under any condition.

Media reports indicate that at the time of the rape, Hamm was living with the Tucker family and in testimony before the court in the child custody case the victim stated:

“I was 14, and he said he used to change my diapers, and he was waiting for me to grow up so he could do this to me. I certainly don’t want him around my little girl because I have no doubt he’ll do it to her if he has the chance.”

At trial both parties testified that alcohol was involved in the initial rape incident which took place after both became drunk. Tucker maintained that the 14 year old provided the wine and Knutson maintains that it was Tucker that provided the alcohol. Tucker also maintains that it was the 14 year old girl that initiated the relationship and that the forty year old Tucker tried to resist her advances, evidently unsuccessfully for two years and two pregnancies.

The mother denied in court that the sexual activity between her and Tucker was consensual. She testified that she was forced to have sex with Tucker repeatedly for two years before she turned 16 and moved away. By that time she was pregnant with her second child fathered by Tucker.

The Oklahoma statute of limitation on the prosecution of second-degree rape is 12 years from the date of discovery of the rape, not from its occurrence. The rape victim did not report the crimes to authorities until John Keith Tucker began efforts to obtain custody of the two children. According to McCurtain County court records that effort began in March, 2005.

Twelve years from the date of the first rape incident would be October, 2012. Twelve years from the ‘discovery’ of the crime in 2005 would be 2017. At any time within the twelve year statute of limitations Tucker could be charged with multiple counts of second-degree rape of a minor should the district attorney’s office be so inclined. This ‘window of opportunity’ extends until the boy, currently 5 years old, would be approximately 16 years of age and the girl, 15.

First Assistant District Attorney Jon Lagerberg in response to why he refuses to prosecute Tucker said he questioned why Knutson waited so long to ask that criminal charges be brought against Tucker. He noted that her request coincided with Tucker’s attempt to gain custody of the two children.

Media reports regarding Lagerberg’s refusal to file charges quoted the DA’s office as stating:

“The case isn’t winnable and would only victimize the two children that were born from their relationship.”

The same report quotes Lagerberg as stating he:

“might have brought charges against Tucker if Knutson had come forward earlier.”

Knutson’s attorney, Jerry Moore of Tahlequah, was quoted as stating:

“She did not want to rock the boat in this family that she was in the midst of. They were her financial support for everything. There’s nothing in the law that says because you didn’t scream rape then you can’t scream rape now.”

Tucker’s attorney, Tim Ragland, pointed out that his client was wrong to have sex with a minor and was quoted as stating in reference to Tucker and the boy:

“He messed up, there’s no question. But that doesn’t mean we have to have two wrongs and take him from the only parent who provided him with a stable home.”

Ragland also pointed out that his client risked criminal prosecution when he filed for custody.

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