Skip to comments.Washington Court: Teachers Can Have Sex With 18-Year-Old Students
Posted on 01/13/2009 3:59:22 PM PST by Sopater
SEATTLE Washington state law does not bar teachers from having sex with 18-year-old students.
That's the decision of a three-judge panel of the Washington Court of Appeals, which on Tuesday ordered the dismissal of a case brought against Hoquiam High School's former choir teacher.
The teacher, Matthew Hirschfelder, was charged with first-degree sexual misconduct with a minor. He challenged a judge's refusal to dismiss his case. The appeals court unanimously agreed that the state law is vague, and that the Legislature only intended to forbid sexual contact between school employees and students who are 16 or 17.
(Excerpt) Read more at foxnews.com ...
Another reason to homeschool.
What you said.
Well, an 18-y/o is an adult. It’s smarmy and disgusting and inappropriate in a school setting, but not criminal.
Gray’s Harbor Ping!
Didn't teachers used to have things like Moral Turpitude clauses inserted in their contracts?
Not illegal, just immoral as hell and damned unethical.
How long, Oh Lord?
It should be criminal. After all school teachers are jack booted state thugs who must be constantly monitored by the courts lest they proselytize all the Jewish kids to the Baptist church. Why would we allow such untrustworthy people to seek sexual congress with the students?!(/s)
What do you think about a psychotherapist or a doctor having sex with adult patients? Think that's cool?
“So, Susie, I hear your 18th birthday is coming up next week. Want to earn an easy A?”
It’s all about power. That’s why some states instituted laws that protect even 18-year-old students from teachers who have authority over them and don’t have their students’ best interests in mind.
Well that goes beyond “the State”, that goes against one of the basic tenents of the beliefs in psychotherapy. Therefore the profession takes care of themselves.
It’s unethical, but not illegal.
Not a state problem. If the school district policy forbids it, then they can do whatever discipline the event warrants, but it’s not a crime.
I’m sure the first order of business for the legislature in Olympia will be to rewrite the law to tighten up this particular loophole.
I think this is one unintended consequence of the current fad of holding back a child so he is 6 or 7 years old before starting Kindergarten (”redshirting”).
It means he will be a legal adult in high school.
I sent all my kids to Kindergarten when they were 5, so when they are legal adults, they’ll be done with high school and moving out to college or elsewhere.
I should hope they would *want* to be doing that at age 18, rather than still living with Mommy and having sex with their high school teachers.
“Not illegal, just immoral as hell and damned unethical.”
I agree 100%. When I taught in grad school, my students were all above the age of 18, too (average age was around 20, actually). I still didn’t even CONSIDER the idea of having an out-of-the-classroom relationship with any of them. It would have been unethical, unprofessional, and just plain wrong. Some things you just don’t do, simple as that.
Wow — I had no idea that even at FreeRepublic we’ve got folks who have no clue regarding the ethics of a Teacher/Pupil relationship in a public school environment..
In a sane world - this 33 year old chicken hawk’s least concern would be his punishment under the law.....
Too many of these damned “teachers” confuse the “No kid left behind — with no kid’s behind left alone”..
They should tighten up that loophole. When an 18-year-old has graduated and is not under the influence of the school or its employees, or has quit school at the age of 18 (I believe the school leaving age in Washington is 18), then the student can freely choose whom they want to have a relationship with. I’m fine with that.
That doesn’t exactly work for those of us who have kids whose birthday’s are in the middle of the school year. Sure my kindergartener is five now, but come April, she’ll be six. So she will still be in highschool when she’s 18, in Washington State no less.
Although, she’s homeschooled, so she tests at a first grade level, and won’t be exposed to creeps, well as much anyway.
ack....run away apostrophes!!!!!
That’s just WRONG!
Abuse of a position of authority, conflict of interest, loss of trust and respect, breakdown of good order and discipline... and on and on.
What ethics? The Torah is not welcome in schools. Self-control is a vice; licentiousness is liberty. No wonder the goddess of liberty is equated with the ho of Babylon. There is no truth, no mercy, and no knowledge of God in the land. Outcome-based education = outcome-based elections. Obamanation.
This is the state that gave us Mary Kay Letourneau.
A teacher who has sex with an 18 year old should be fired, but should not be criminally charged since no crime took place.
True, but the taxpayers expect some level of decorum in the schools we pay for.
Get back to me when it’s made mandatory.
I thought the idea was that the position of authority was more important than the age, once we’re talking about both people being over the age of consent. Think Lewinski. Certainly from the girl’s point of view, she could have just as easily claimed all sorts of victimhood here and that teacher would be dead meat (”I had to do it for grades,” “I felt I had no choice,” etc.) And that is why it is bad policy for any teacher to have relations with a student (especially home schoolers!!!)
BTW, Michael Yon to Michael Moore, "I feel like suing you." Latest email from MY.
It is still wrong if she was a student of his. That means every college professor now can relive the 60’s!
It seems he would have been on solid ground with a 14 year old.
The State tells adults what to do all the time. To pay taxes, to drive the speed limit, where they can build and under what conditions, where they can smoke and drink, when to go to war, how many people can be in a building, all of these just for starters.
Say WA? Evergreen State ping
FReepmail sionnsar if you want on or off this ping list.
Ping sionnsar if you see a Washington state related thread.
FYI, the ruling is equally applicable with regard to having sex with 18 y/o homeschoolers....
“I agree. The State has no business telling adults what to do.”
You mean like telling them not to murder, steal, commit fraud or so forth?
You see nothing wrong with teachers preying on their students?
Here is the opinion:
A 14 year old would be charged as a more serious crime.
I brought my pencil....
I see this the same way as you. There is a problem with those who have an “authoritative” role in someone’s life that then crosses the line when it comes to sexuality. These girls or boys may technically be adults, but emotionally and psychologically there arises many, many problems when one partner has this type of “control” whether real, or imagined within a relationship.
As you said, just as it is immoral and unethical for a therapist or doctor to engage in sexual relations with their patients, so too is it immoral and unethical for teachers (or professors, even - as in college-age students) to engage in sexual relations with their students.
While these teachers may face no criminal punishment, one would hope they would be fired all the same for their unethical behavior.
After doing a bit of research, the Court of Appeals had no choice but to reverse the conviction. Not saying I like the idea of a teacher having sex with even an 18 year old student , but it is a problem for the legislature to fix.
I wonder what idiot wrote that law? You can’t have sex with other adults in the workplace, but one of your adult students? That’s fine....
“Didn’t teachers used to have things like Moral Turpitude clauses inserted in their contracts?”
Those were removed about 10 years ago when the White House declared oral sex was not sex.