deleted September 8, 2011

[Judge Joe Brown]

deleted September 8, 2011

[Whooter]

Interesting post, the problem with this argument is that the law already permits people to have sex with who ever they want to at the age of 18.  It doesnt matter who the person is.  Personally I dont think that professors in college should be having sex with their students.  It just gets in the way of what the person is there for and that is an education.  If it happens regularly with a certain professor then he/she should probably move on or be nudged out by the Dean or college counsel.

If they arrest a guy who has sex with a 18 year old student then that opens the door to interpret the law that a music teacher who is 50 years old cannot have sex with her music student who is 45 years old.  Where is the cut off?  How do we define student?  Our courts and prisons will be burdened like they have been with the war on drugs.

If the person is 18 then they can have sex with whomever they like.  Lets not complicate things.



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[Ursus]

If they arrest a guy who has sex with a 18 year old student then that opens the door to interpret the law that a music teacher who is 50 years old cannot have sex with her music student who is 45 years old. Where is the cut off? How do we define student? Our courts and prisons will be burdened like they have been with the war on drugs.

You're ignoring the key point. The justices focused on the disparity of power, and the probability of undue influence, inherent in teacher-student relationships where the student is still relatively young. In this case, she was still in high school, and probably still living with her parents.

As to the specifics of a "cut-off," they also made that quite clear. From the above article:

In the decision, written by Justice Debra L. Stephens and signed by justices Barbara Madsen, Gerry Alexander, Mary Fairhurst and James Johnson, the justices argue that they must focus on the plain language of the statute, which prohibits sexual relations between school employees and registered students. They cite another statute that defines students as anyone enrolled in school and under 21.[/list]

[Whooter]

If they arrest a guy who has sex with a 18 year old student then that opens the door to interpret the law that a music teacher who is 50 years old cannot have sex with her music student who is 45 years old. Where is the cut off? How do we define student? Our courts and prisons will be burdened like they have been with the war on drugs.

You're ignoring the key point. The justices focused on the disparity of power, and the probability of undue influence, inherent in teacher-student relationships where the student is still relatively young. In this case, she was still in high school, and probably still living with her parents.

As to the specifics of a "cut-off," they also made that quite clear. From the above article:

In the decision, written by Justice Debra L. Stephens and signed by justices Barbara Madsen, Gerry Alexander, Mary Fairhurst and James Johnson, the justices argue that they must focus on the plain language of the statute, which prohibits sexual relations between school employees and registered students. They cite another statute that defines students as anyone enrolled in school and under 21.[/list]

I see your focus, Ursus and I agree to a certain extent.  But I feel why bring the courts in on this.  It isnt going to go anywhere except Fox News and opinions poles.  If a kid is 18 then they should be able to have sex, vote and leave home and go to war.  If a teacher is having sex with his/her students, taking advantage of his/hers position then they are not doing their job correctly and should be fired.  If a teacher has a relationship with a student and it doesn't seem to interfere with the student or the rest of the class or school then just leave it alone.

I do understand the teacher has power over the student and therefore the teacher can take advantage of his position, but he should be fired for that, not put in jail.  If the teachers unions would just step up and stop protecting these over sexed teachers then there would be no need to involve the courts in my opinion.  Take these people aside and explain to them that they are not helping these students by having sex with them and ask them to find a different profession. The teachers unions are killing our education system.  I cant remember the last time I heard about a teacher getting fired for anything less than murder or rape.  These people protect their own not unlike the Catholic church.



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[RobertBruce]

I don't think something like that would hold up for long. The word minor makes it pretty clear who it refers to. Now granted if a local school board maintained a policy stating that a teacher may not date a current student, and is then fired for doing so, I think that would fall under the school boards right to enact certain policies. That however has nothing to do with a criminal act.


On a side note, Whooter it's great to have you back after your time out. If you head on over to the OFFA thread I laid down a challenge for you if you're up for it. Hope to see you there buddy!

[seamus]

Now sick fucker that I am/was when I was 18 I went out to a bar one pleasant evening and hooked up with a teacher I had in jr year of high school, we kept it discreet(no contact in school) and the only person who knew SHE told (which I thought was stupid) It was no love thing on either end and was TOTALLY FUCKIN WORTH IT.I was 18,she was 36. When I went to E.M.T. school a couple years later,one of the instructors was somebody I hooked up with a LOT when we both lived in sarasota.THAT was much more uncomfortable,mostly because I was in a relationship with somebody and sorely didnt need the temptation,some people suspectedthat there was history there but,I never said.The first day of class was uncomfortable,she did roll call and got to my name,looked me in the face ,blushed and didnt call my name.I thought for sure somebody would pick up on it,nobody did.later on in the semester another student did remark about her casually touching me on the arm during conversation(no Biggie to me) and asked me if I was "tappin that" i replied no,were just from the same town,on the gulf side. yeah it was a little strange at times,but shit,that pales with things like x wife meetin some body Im seeing,or another classic,current wife meets x wife now THAT is nerve wracking shit. Point being learning to cope with ones sexual faux pas is a part of growing into an adult,and learning to be human. Theres MUCH more to learn in school than the curriculum,much more. :nods:

[none-ya]

Wouldn't a teacher sleeping with (his or hers) own students automatically create a conflict of intrest?
Why wouldn't the grades (he or she) awards then be suspect.How many students "slept" their way to a better GPA?