It is therefore unthinkable for a teacher, who under the law is a substitute parent, to have amorous feelings towards his or her minor student. A student is likewise both innocent and adventurous and therefore susceptible to abuses and fraud by a teacher who has influence and moral ascendancy over him or her. Thus, even when a minor student voluntarily enters into a love affair with his or her teacher, consent is disregarded by law and the teacher may be deemed to have committed child abuse as a criminal offense.
Sweetheart theory not applicable In complaints for acts of lasciviousness or rape, when there is proof that the victim and the accused are lovers, what operates is the theory that the sexual act was consensual and therefore there is no crime. This is known as the sweetheart theory. However, in the case of People v.
Malto, the Supreme Court ruled that unlike rape and acts of lasciviousness, consent is immaterial in child abuse cases. The mere act of having sexual intercourse or committing lascivious conduct with a child who is subjected to sexual abuse constitutes the offense. A child should not be deemed to have validly consented to adult sexual activity and to surrender herself or himself in the act of ultimate physical intimacy under the law. In other words, a child is presumed by law to be incapable of giving rational consent to any lascivious act or sexual intercourse.
High court: Teachers can’t have sex with students, even an 18-year-old
Student as the child The public policy against teacher-student relationships is clearer when the student is a minor, but not when the student is already of majority age. Children as defined in RA refer to persons below 18 years of age or over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. Does this mean that under the DepEd Child Protection Policy, a basic education student of majority age may also file an administrative complaint for child abuse against the teacher?
Students getting older, teachers getting younger Because of the present senior high school curriculum implementation, students are getting older and teachers are getting younger. It enacted the following offences:. It is worth noting that the offences cover children and young persons up to the age of 18 and so extend beyond the 16 and 17 year olds with which this post is concerned.
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Of course, 18 year olds can still be at school which raises the issue of whether that protection should extend beyond the age of Where a student has a September birthday and so is aged 18 for most of their final year of school they are afforded less protection than a student with an August birthday who will have left school before turning The offences are concerned with a range of behaviour, not just intercourse.
For all four offences, the maximum sentence is 5 years and all four offences are specified for the purposes of the CJA dangerousness provisions. Upon a conviction for one of these offences, an offender will be subject to the notification requirements under the Act and is liable to disqualification from working with children. There can be no confusion that Parliament views this behaviour as extremely serious.
Sex crimes are there to protect children and young adults from themselves and others. However immature the teacher may be, it is his responsibility not to go about having sex however much he may fancy her or fancy to have sex with her.
All the law on Sexual Offending
It really is all so banal. Similarly, where a teacher provides friendship to a young adult, the inequality between teacher and student means that it is inappropriate for that relationship to become a sexual one, notwithstanding the ability of the student to consent to sexual acts. Consider a situation where a teacher is vulnerable perhaps there are mental health problems, personal issues or stress and an almostyear-old student is particularly mature, and pursues the relationship.
That teacher would, if prosecuted, be guilty.
High court: Teachers can’t have sex with students, even an year-old | The Seattle Times
With such stark consequences, yet not infrequent occurrences of such behaviour, should schools, LEAs and the unions do more? The programme featured a teacher who claimed she had fallen in love with her 16 year old pupil. Johnson and signed by justices Susan Owens, Richard B. Sanders and Tom Chambers, argues the majority did not properly interpret state law and used the wrong statutes to make its argument, while ignoring others that would have fit the case better.
The opinions expressed in reader comments are those of the author only, and do not reflect the opinions of The Seattle Times.
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