Teacher dating student law
If a boy should consider himself lucky to be the object of a teacher's attentions, then what does that say about the boy who complains?The widespread view that it is only women or girls who have legitimate claim on the state to protect their sexuality is what has left both male-on-male and female-on-male claims of sex abuse in a sort of never-neverland, where there are barely no statistics, few recorded cases, and yet we all know that there are far more instances of abuse than officials recount. It's a particularly easy question where the state, in this case Texas, has passed a simple and straightforward law that makes it a crime, without regard to the age or gender of the student. But when the bill came to the floor of the house, it was amended, and the age provision was dropped. If he had not been a student, he would have been considered a consenting adult. When the Texas law was originally drafted, it was limited to students 17 years of age and under.It is important to remember that the person over the age of 18 is the one who is breaking the law, and the person receiving the care, such as the student, and are therefore deemed to be innocent.No matter what part they have played in the relationship, even if they want the relationship, and have taken active steps to encourage it where no charges will be brought against them.Teachers have power over students, which undercuts the notion that consent can be given freely; we control their lives, which means it's not fair to the individual student, or to the other students in the class; it's an abuse of the teacher's power, and compromises both the real and perceived fairness of that student's grades and of any overall curve in the class. Obviously, the younger the student, the worse the injury, but abuse of power is about power, not age.Besides, for purposes of their relationships with teachers, high school seniors, even if they are 18, are still kids, as the legislature clearly concluded, and prosecutors are not free to second guess them. Because there I was, all by myself, in arguing that Mc Elhenney should be subject to felony charges.
If the worker ignores this rule, it can mean they can lose their job because the relationship is seen as inappropriate, and therefore goes against the company policies and procedures, which are there to protect the people who are being provided a service or being cared for.And short of such a right, it is up to the legislature to set society's standards for acceptable conduct. The fact that my fellow panelists don't happen to "like" it is no reason for it not to be enforced.There are any number of criminal laws that I don't like.Should it be a crime for a public school teacher to have sex with one of her students? I felt like if we didn't do that, we just virtually made it open season on students that are 18-years-old." Most teachers don't need a criminal law to tell us that it's wrong to have sex with our students no matter how old they are (mine are in their 20's and 30's, and it's still wrong). But don't tell that to some of my friends on the panel last night of Fox's "On the Record," where I was all alone with host Greta van Susteren in being willing to enforce the law against a 25- year old former beauty contest participant who had sex with one of her students. As Representative Warren Chisum, who proposed the amendment dropping the age limit explained, "If they're a student, I just think they're off bounds regardless of their age.
Third, it provides the basis for ignoring the judgments of the legislature on criminal law. There is no constitutional right of teachers to have sex with their students or students to have sex with their teachers.