Orange County District Attorney Press Release
For Immediate Release, Case # 12HF0546: October 16, 2013
FULLERTON – A 43-year-old mother was convicted today of sexually assaulting a 14 and 16-year-old boy who came over to her house. Nicole Ethel McMillen, 43, Irvine, was found guilty by a jury today of four felony counts of lewd acts upon a child and three felony counts of oral copulation of a minor under 16 years old. She faces a maximum sentence of six years and three months in state prison and mandatory lifetime sex offender registration at her sentencing Jan. 10, 2014, at 8:00 a.m. in Department N-13, North Justice Center, Fullerton. The Court allowed McMillen to remain out of custody on $100,000 bail despite the People’s objection.
Between Jan. 1, 2012 and Feb. 28, 2012, McMillen had sexual contact with 14-year-old John Doe #1 who was over at her house to play with his friends. McMillen maintained a “fun” home where many children spent time with her children participating in activities which included watching movies or playing video games.
On multiple occasions between Jan. 2, 2012 and Feb. 8, 2012, McMillen fondled John Doe #1’s groin area over his clothing, touched his penis directly, and orally copulated the victim on two occasions.
John Doe #1 told his mother about the unlawful sexual contact on Feb. 13, 2012, and the family reported the crime to the Irvine Police Department (IPD) who investigated this case.
After further investigation by IPD, 16-year-old John Doe #2 was discovered. Between July 1, 2005, and July 1, 2006, McMillen orally copulated John Doe #2 on one occasion. Evidence that was presented during the trial showed that McMillen had an on-going sexual relationship with John Doe #2 for more than one year.
During the time of these incidents, the defendant worked part time with kindergarten-age children at Peter’s Canyon Elementary School and also with the Tustin Unified School District as a “behavioral interventionist.”
McMillen’s lifetime registration as a sex offender will bar her from entering County recreational areas and City parks which have passed the Sex Offender Ordinance. Visit www.orangecountyda.com to read the prior press releases on the County’s Sex Offender Ordinance as well as the 14 other cities that have enacted the Child Safety Zone Ordinance.
Deputy District Attorney Whitney Bokosky of the Sexual Assault Unit is prosecuting this case.
Tony Rackauckas, District Attorney 401 Civic Center Drive West Santa Ana, CA 92701