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Teacher-Student Sex - Legal at Age 18?
Filed under: In The News
When a 33-year-old teacher allegedly has a months-long sexual affair with a senior in his high school, he has to realize that he's doing something wrong. But according to a Washington appeals court, the affair was technically legal.
That was Matthew Hirschfelder's argument when his case went to court, that -- though he never touched the girl, of course -- even if it were true (but it's not, of course), the law doesn't specifically say that sex with an 18-year-old student is illegal.
In an astounding turn of events, the appeals court agreed with him. The law is vague, they say, but really only protects 16 and 17-year-old students from teacher sexual misconduct because they are still minors. Kids who've turned 18 are, apparently, fair game.
If I was a parent living in Washington, I'd want this law changed now. Yes, 18-year-olds are technically adults, but they are very, very new adults, and that teacher/student relationship puts them in a vulnerable position. I mean, if it's true love, can't you wait a few months until after graduation? (But not with my kid, buster!)
What do you think? Should the wording in this law be changed to protect kids who reach eighteen before graduation, or does adulthood start at age 18, even if it's your new boyfriend's job to grade your homework?
That was Matthew Hirschfelder's argument when his case went to court, that -- though he never touched the girl, of course -- even if it were true (but it's not, of course), the law doesn't specifically say that sex with an 18-year-old student is illegal.
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In an astounding turn of events, the appeals court agreed with him. The law is vague, they say, but really only protects 16 and 17-year-old students from teacher sexual misconduct because they are still minors. Kids who've turned 18 are, apparently, fair game.
If I was a parent living in Washington, I'd want this law changed now. Yes, 18-year-olds are technically adults, but they are very, very new adults, and that teacher/student relationship puts them in a vulnerable position. I mean, if it's true love, can't you wait a few months until after graduation? (But not with my kid, buster!)
What do you think? Should the wording in this law be changed to protect kids who reach eighteen before graduation, or does adulthood start at age 18, even if it's your new boyfriend's job to grade your homework?
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ReaderComments (Page 1 of 1)
1-15-2009 @ 4:13PM
Becca Seitz said...Changing the law isn't the only way to get around this. If the school had policies in place (like most colleges and universities) regarding student/teacher relationships, this wouldn't be an issue. He has a relationship with a student = he loses his job in that district. It is perfectly legal once that child is 18, regardless of the setting, so to prevent such situations, policies must be made.
Reply
1-15-2009 @ 5:24PM
CLM said...I agree with Becca. Just change the school policies. Many workplaces, colleges and universities have specific prohibitions against relationships between parties where one has power over the other (monetary, grades, performance reviews, etc.). You may feel protective of your 18 year old, but that person is a legal adult.
Reply
1-15-2009 @ 5:19PM
Jenni said...If a 33 year old neighbor was having a relationship with this same 18 year old, this wouldn't be an issue.
I think that it goes very much against the work ethic of a teacher and think that he needs to be discipline; but I don't think this would have been any sort of issue had it been just another 33 year old rather than a school official.
Reply
1-16-2009 @ 3:07PM
T-O said...I believe that it isn't a problem if the student is 18. Once they reach that age of being legal, there is nothing wrong with the relationship. If the school does have its own policies about faculty-student or faculty-faculty relationships, then it's up to those involved to comply with the rules. If none are set in place, though, there is no problem.
Reply
1-18-2009 @ 2:39AM
RyanG said...This is a complicated issue, because, even if the student is 18, there is the matter of whether the student is in the class of the teacher.
if the 18 year old student is in the same school, but not taking any classes taught by that teacher, then I see no problem. If the student IS taking the teacher's class, then there are issues of propriety. But, if there are no issue of the teacher taking advantage of the student (who is NOT *legally* a child at 18), then I see no probblem.
Reply
1-21-2009 @ 9:25PM
Eric said...18 is 18 honey.
I don't care how "new" an adult is at 18, they are legally 18 and thus able to make the decision they have been legally granted the ability to make, so if that kid wants to get down with a 33 year old behind closed doors than there is nothing anyone can say or do to stop him or her or.. them for that matter.
Reply