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To: sirchtruth
However, what we have here is a law with sentencing guidelines which are grossly inappropriate for the crime committed.

Why? The teacher KNEW sex with student was forbidden, but she did it anyway. Tell me, what do you think an 'appropriate' sentence would be if she were having sex with your child?

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Both parties who can legally enter into a contract have an obligation to fulfill this contract. This includes the 18 year old's! They have a moral responsibility in this, wouldn't you agree?

No, I would not. First, you argue of a LEGAL obligation of the parties to the compact, then try to argue the legal contract the students didn't even sign somehow imposed a MORAL obligation on them?

Talk about twisted logic.

Anyway, as the students are not parties to the contract, they have no obligation whatsoever.

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So, let me ask you, would you sentence this woman for having sex with these 18 year old's if they were not her students?

No.

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What is the sentence guidelines in Texas for this crime of adultry? Marriage is a contract.

Adultery is 'breach of contract' because the marriage contract between two individual people stipulates the forsaking of all others, and the injured party can seek restitution for this breech via divorce proceedings.

The contract between an individual teacher and the school district, is not a 'marriage', as the teacher does NOT have the the same rights as the district. Were that the case, the district wouldn't even have the legal ability to stipulate the terms of the contract.

Once she signed it, she became legally bound by its terms, which includes being thrown in jail for having sexual relations with the district's students!

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I just think the sentencing guidelines are to rigid for this particular breach when you compare them to other crimes, such as actual RAPE.

So someone who has been entrusted as an authority figure over other [sometimes vulnerable] individuals should just get a pass DESPITE the fact they've violated their oath because it isn't really 'rape rape'?

ALLRIGHTYTHEN!

44 posted on 08/21/2012 12:14:19 PM PDT by MamaTexan (I am a Person as Created by the Laws of Nature, not a person as created by the laws of Man)
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To: MamaTexan
Why? The teacher KNEW sex with student was forbidden, but she did it anyway. Tell me, what do you think an 'appropriate' sentence would be if she were having sex with your child?

Because SEX between consenting adults is not a CRIME...The appropriate sentence would be loss of her teachers license and she should not be able to teach again in the state of Texas. My child is an adult at eighteen legally, I would want the same "sentence" as I just described. I do not think she committed a criminal act, just breach of contract. There's a difference.

What if she taught an adult class with the SAME contract and was having sex with 30 year olds, should she get the same 5 years?

First, you argue of a LEGAL obligation of the parties to the compact, then try to argue the legal contract the students didn't even sign somehow imposed a MORAL obligation on them?

18 yr olds are CONSENTING adults! They most certainly do have a LEGAL OBLIGATION to follow the law! Now your twisting the INTENT of what I'm referring too. So, if one of those 18 yr old's got her pregnant would they NOT be liable for the child? Put on your thinking cap for a minute...Under law they would most certainly be liable! Is that in her contract?

So, let me ask you, would you sentence this woman for having sex with these 18 year old's if they were not her students?

No.

Alright, that's my WHOLE POINT! She did not commit a CRIMINAL act, she committed an ETHICAL BREACH OF CONTRACT...Totally different ball game, this is why 5 years in jail I think is a totally bogus priggish sentence. However, I did not realize there was possible jail time sentencing for ethical breaches of contract, apparently there are in Texas!

Adultery is 'breach of contract'

Right, where are all the people getting 5 year sentences for this CRIMINAL (according to you) act?

So someone who has been entrusted as an authority figure over other [sometimes vulnerable] individuals should just get a pass DESPITE the fact they've violated their oath because it isn't really 'rape rape'?

No, see it's a simple disagreement. There is no question she violated ethics and trust here, however the punishment just does not fit the transgression. Again, take away her teaching license for life, don't throw her in jail for having consensual sex! I wonder why Bill Clinton never got thrown in jail, he most certainly did the same thing?!

48 posted on 08/21/2012 4:10:19 PM PDT by sirchtruth (Freedom is not free.)
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