Teacher Accused Of Sex With Student In Classroom


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An 11th grade English teacher resigned last week after she was accused of having sexual relations with a student at a Pennsylvania high school.

 

Emily Nesbit, 31, was charged with institutional sex assault, a third-degree felony, on Friday. Police said Nesbit admitted meeting an 18-year-old male student for sex in a classroom after hours at Cumberland Valley High School in Mechanicsburg.

 

Nesbit is charged based on her position as a teacher, without regard to the age of the student. If convicted she could face up to seven years in prison, prosecutors told ABC 27 News.

 

Administrators learned about the alleged inappropriate contact on March 10 after a female student discovered sexual text messages on the alleged victim's phone, according to Fox 43 News. These included partially clothed and naked photos of Nesbit and the student.

 

According to the Patriot News, Silver Spring Township police interviewed the alleged victim the next day. They learned he and the teacher had been in communication for about two months and met several times in the classroom after school. The student did not deny his relationship with the teacher. Police said the teacher's phone number was listed as "My Lady Friend" in the student's iPhone.

 

Prosecutors are urging parents to closely monitor their children's phones and social media accounts in the wake of the scandal.

 

"The message to parents is, you need to 100 percent read your child's text messages, follow them on Instagram, follow them on Twitter," prosecutor David Freed said, according to ABC 27 News.

 

Nesbit's attorney released a statement Friday, explaining that the teacher "made a series of bad decisions at a low point in her life," and that she "intends to accept responsibility in court and continue to work on her personal issues that lead to the alleged inappropriate conduct," PennLive reports.

 

Fox 43 News reports that the recent events caused unease and mistrust among faculty and students alike. Cumberland Valley superintendent Frederick Withum said that teachers felt "betrayed" by the alleged conduct.

?It kind of feels dirty a little bit,? an unidentified student told the station. ?It feels weird knowing what went on in there.?

 

 

n-EMILY-NESBIT-large.jpg

 

http://www.huffingtonpost.com/2014/03/17/emily-nesbit-teacher-sex_n_4978336.html

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I think the matter of crime comes to a Teacher being an authority figure to a student, the location of the alleged incident, and the fact that there are laws to prevent teacher student relationships.

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I think the matter of crime comes to a Teacher being an authority figure to a student, the location of the alleged incident, and the fact that there are laws to prevent teacher student relationships.

^ that's it precisely. The problem isn't the student's age but the place they did it and the institutional power differential between them. This is the law throughout most all of the US.

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^ that's it precisely. The problem isn't the student's age but the place they did it and the institutional power differential between them. This is the law throughout most all of the US.

 

Yeah but any prison time would be totally laughable if the student is an adult. Losing her job would be more than enough.

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There are laws that forbid teacher-student relationships? I understand the place was a bad decision, but what would happen if it was in her house for example?

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I fail to see any crime. both parties are consenting adults.

QFT

 

While I may not agree that she should be in a relationship with a student, it is a conflict of interest, I don't believe it should be a crime.

 

As LaP stated, losing her job is more than enough punishment in this situation.

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There are laws that forbid teacher-student relationships? I understand the place was a bad decision, but what would happen if it was in her house for example?

Certain states IIRC. and if not state mandate, are board imposed.

I'd hit it.

She can hit me :shifty:

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No difference, it's the relationship, not so much thelocation per se.

There are laws that forbid teacher-student relationships? I understand the place was a bad decision, but what would happen if it was in her house for example?

In many states it's a felony, and in Texas it's good for 20 years. It's legal here in Michigan only if the student is 18+ and the relationship is consensual, also in California, but their legislatures are moving to change that. The trend is towards making it a felony.

And it's not a conservative thing as quite a few liberal legal writers and scholars are pro-criminalization. Susan Estrich of California is one. She ran the 1988 presidential campaign of Mike Dukakis (D).

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Though there might be consent, in criminal law Common Law still treats teacher-pupil, doctor-patient, boss-employee, lawyer-client, priest-prayer etc relationships in a bit different category e.g. duress, undue influence which mean these relationships fall into the "Automatic Presumptions". In these relationships consent can not be part of Defence of dominant party -teacher, doctor, lawyer-, as opposed to, lets say, a housewife and next door guy relationship.

Legal aggrieved party, in this case student, can not legally consent, even if consent personally, because of duress,undue influence of dominant parties.

Briefly, law assumes dominant party is taking advantage of dominated party because of the positions regardless of dominated party's personal consent that means, in this case, the teacher is taking advantage of being a teacher over a student, no matter how that student was happy to screw her. Simple, That's it.

Yeah, happily screwed her and still legally aggrieved party, sometimes law screws, and needs to be screwed indeed, but this is how it works, lucky brat :)

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I think the matter of crime comes to a Teacher being an authority figure to a student, the location of the alleged incident, and the fact that there are laws to prevent teacher student relationships.

She can appeal this, trying to get the laws that made this crime found unconstitutional because the due process rules of the 14th amendment basically protect people during private consensual acts of sex. Basically, the US Supreme Court decided the states did not have the rights to criminalize or regulate sexual activity due to the liberty interest (2003 ruling):

 

Here it is the case that set this precedent: http://en.wikipedia.org/wiki/Lawrence_v._Texas

 

"

Lawrence v. Texas, 539 U.S. 558 (2003),[1] is a landmark decision by the United States Supreme Court. In the 6?3 ruling, the Court struck down the sodomy law in Texas and, by extension, invalidated sodomy laws in thirteen other states, making same-sex sexual activity legal in every U.S. state and territory. The Court overturned its previous ruling on the same issue in the 1986 case Bowers v. Hardwick, where it upheld a challenged Georgia statute and did not find a constitutional protection of sexual privacy.

 

Lawrence explicitly overruled Bowers, holding that it had viewed the liberty interest too narrowly. The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Fourteenth Amendment. Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.[2]

"

 

The problem is that this has so far only been used to find laws banning same sex and sodomy illegal. Now it will be applied to an 18 year old and a teacher having sex, which apparently the state of whatever has criminalized purely based on her role as a teacher. Otherwise this young man and this young women would have legally been able to #### who they pleased, which is why it's an absurd law. In the future, hopefully, this new precedent gets applied to laws banning prostitution and "statutory rape" laws where consent is given, neither parties feel a crime was committed, and no actual harm occurred

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Though there might be consent, Common Law still treats teacher-pupil, doctor-patient, boss-employee etc relationships in a bit different category e.g. duress, under influence.

This only applies to civil cases and maybe for reason to make her/the school liable for damages. It is not something that is criminal. The school might also use it to fire her, whether or not I agree with it.

 

The way I personally see is, the young man was just doing what young men do best, and I personally disagree with the social discrepancies because I think adults who #### kids help them develop, as long as the kids/children/teenager whoever willfully participated. As adults, we all enjoy a good ######, ####, and other sexual encounter now and then, and kids and teenagers generally are involved in this too at a very young age. At this point, the teacher and him grew close, and engaged in these sex acts together, and at best he and she grew wiser from it and he had what we call his first "kinky" relationship.

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Though there might be consent, in criminal law Common Law still treats teacher-pupil, doctor-patient, boss-employee, lawyer-client, priest-prayer etc relationships in a bit different category e.g. duress, undue influence which means these relationship fall into the "Automatic Presumptions". in these relationship consent can not be part of Defence dominant party -teacher, doctor, lawyer-. Aggrieved party can not legally consent, even if consent personally, because of duress, undue influence of dominant parties.

Then again they have the right to privacy under the 14th amendments liberty interest, which means their acts are private between the two of them and unless the young lad feels his rights were violated and is seeking prosecution, they don't have a case against the teacher. :D

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There were rumors of a student that was messing around with a teacher that was pretty hot.  Of course it was just rumor as far as I know, but I always wanted some "extracurricular advice" from her.

The only teacher that showed some interest in me, for that kind of thing, was the female track teacher -- I am pretty sure she was female, but I could have been wrong....

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It doesn't matter if the student is now an adult.  Had that teacher ever been part of their time at the school then the argument is put forward that they held a position of authority and trust, which this act negates.

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