Court Rules Teachers Can Have Sex With Of-Age Students

[Danno 1,228]

Ark. Court Rules Teachers Can Have Sexual Relationship With Of-Age Students

LITTLE ROCK, Ark. (AP) — The Arkansas Supreme Court on Thursday struck down the state’s law banning sexual contact between teachers and students, finding that people 18 or older have a constitutional right to engage in a consensual sexual relationship.

The court sided with 38-year-old David Paschal, an Elkins High School history and psychology teacher who admitted having a five-month consensual sexual relationship with an 18-year-old student.

“Regardless of how we feel about Paschal’s conduct, which could correctly referred to as reprehensible, we cannot abandon our duty to uphold the rule of law when a case presents distasteful facts,” wrote Chief Justice Jim Hannah.

Attorneys for the state argued the law protects high school students from sexual advances of teachers who are in positions of authority. But the high court found the law was unconstitutional because it criminalized sexual conduct between consenting adults.

In a dissent, Justice Robert Brown said that the majority’s opinion will cause disruption in high schools because there will be nothing to prevent teachers from having sex with students who are 18 or older.

“This will cause significant disruption in our high schools and have a deleterious impact on education in general and the teacher-student dynamic in particular,” wrote Brown.

It is unclear if the state will appeal the ruling.

“We respect the Court’s decision, although we disagree with it,” wrote Aaron Sadler, spokesman for Arkansas Attorney General Dustin McDaniel in an email. “We are currently evaluating our options, which include seeking a rehearing.”

Whether the ruling will or can be addressed through future legislation is also unclear.

“We’re reviewing the decision,” said Matt DeCample, spokesman for Governor Mike Beebe. “It’s way too early to talk about any immediate attempts at a legislative response.”

Paschal, who is serving a 30-year sentence, will have his convictions reversed and dismissed. His attorney, Casey Copeland, said his client was “vindicated by the Supreme Court.”

“I think that this case does not necessarily say a teacher can do that and keep their job,” said Copeland. “I think the loss of job and loss of teacher’s license might be appropriate for that, but it’s not appropriate to put someone in jail for 30 years.”

Several states have laws banning sexual content between teachers and students. Earlier this week, a Republican assemblywoman in California introduced a bill to create a law similar to what was just struck down in Arkansas. If the bill is successful, she said, California would be the 24th state to ban student-teacher sex. In some states, such affairs are a felony.

http://stlouis.cbslocal.com/2012/03/30/ark-court-rules-teachers-can-have-sexual-relationship-with-of-age-students/

[X Factor 1,112]

What prevents a teacher from grooming an under age kid to have sex when they turn 18? They have a powerful influence on the kid being in a position of authority.

[Usui Takumi 1,562]

What prevents a teacher from grooming an under age kid to have sex when they turn 18? They have a powerful influence on the kid being in a position of authority.

They probably will lose their job and their career?

I'm sure its still an ethical violation of all schools, its simply not a criminal act hence the ruling.

Edited March 30, 2012 by Sousuke

[luckytxn 2,264]

All morality laws should be struck down.

[Danno 1,228]

They probably will lose their job and their career?

I'm sure its still an ethical violation of all schools, its simply not a criminal act hence the ruling.

Sure but once the law says "it's fine".... the grounds to enforce ethics is diminished, that why I rightly observed the Overton window is moving.

[mawilson 2,133]

What prevents a teacher from grooming an under age kid to have sex when they turn 18? They have a powerful influence on the kid being in a position of authority.

Nothing - "grooming" is not illegal, is it?

[Danno 1,228]

All morality laws should be struck down.

Awwe you just want to masturbate in the park with no fear of arrest.

[Usui Takumi 1,562]

Sure but once the law says "it's fine".... the grounds to enforce ethics is diminished, that why I rightly observed the Overton window is moving.

Under age vs legal is a solid line in our society. What you are referring to is the teacher/student relationship. Have any schools where ppl are the age of consent had their ethical codes modified in the last 50 years to allow it?

[Gary and Alla 3,694]

And another area where you want the government to control our bedroom behavior. You want them to regulate sexual activity between adults based on employment relationship.

"Age of legal consent" has a meaning, Danno. This is it. If a school wishes to make a policy regarding such things that applies to its employees, then so be it.

[Brother Hesekiel 2,236]

Imagine a 45 year-old community college professor banging a 42 year-old student.

Sexual abuse?

[Mike X Man 37]

It's a good decision by the court. People need to distinguish between ethics and crimes. They do not always overlap. I believe such a person, for example can be fired for that behavior, it's another thing charging them with a crime where they end up having the "sexual offender" label all their lives. I'm very libertarian on such issues. Furthermore, it was completely unconstitutional.

[luckytxn 2,264]

Awwe you just want to masturbate in the park with no fear of arrest.

And you are a nitwit.

[Danno 1,228]

Under age vs legal is a solid line in our society. What you are referring to is the teacher/student relationship. Have any schools where ppl are the age of consent had their ethical codes modified in the last 50 years to allow it?

Ethical codes and how well they are enforced are changing all the time.

When I was in school teachers smoked in the teachers lounge, some schools now will not even permit a teacher to smoke at home.

In times past a teacher being seen in a seedy part of town would subject one to scrutiny at school.

Y hat I ton ot

[Usui Takumi 1,562]

Ethical codes and how well they are enforced are changing all the time.

When I was in school teachers smoked in the teachers lounge, some schools now will not even permit a teacher to smoke at home.

In times past a teacher being seen in a seedy part of town would subject one to scrutiny at school.

Y hat I ton ot

But none of those conditions were illegal right (well smoking on property is probably an ordinance violation not a criminal act...lets not go down that road)

[Danno 1,228]

Under age vs legal is a solid line in our society. What you are referring to is the teacher/student relationship. Have any schools where ppl are the age of consent had their ethical codes modified in the last 50 years to allow it?

I don't know there are tens of thousand os school districts.

Not sure why you see the age of 18 as some chiseled in stone marker.

The first argument is - Hey they are both of age concenting adults.

The next one is -If they were not teacher and student this relationship would be perfectly acceptable...... and if this 17 year old wants to marry her teacher... whats the harm, he parents support her.