Teacher Accused Of Sex With Student In Classroom

[nullie]

So this crime of "institutional sexual assault" at first made me think it was mostly meant for jails, but they got it amended to include schools.

 

 

 

1995 Amendment.  Act 10, 1st Sp.Sess., added section 3124.1. Section 18 of Act 10, 1st Sp.Sess., provided that section 3124.1 shall apply to offenses committed on or after the effective date of Act 10.

Cross References.  Section 3124.1 is referred to in sections 3124.2, 3125, 3141, 5702, 5708, 9122 of this title; sections 5329, 6303, 6304, 6344 of Title 23 (Domestic Relations); sections 5552, 6302, 6358, 6402, 6403, 9799.14, 9799.24 of Title 42 (Judiciary and Judicial Procedure).

18c3124.2s

? 3124.2.  Institutional sexual assault.

(a)  General rule.--Except as provided under subsection (a.1) and in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault) and 3125 (relating to aggravated indecent assault), a person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident.

(a.1)  Institutional sexual assault of a minor.--A person who is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, State or county juvenile detention facility, other licensed residential facility serving children and youth or mental health or mental retardation facility or institution commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident who is under 18 years of age.

(a.2)  Schools.--

(1)  Except as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an employee of a school or any other person who has direct contact with a student at a school commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a student of the school.

(2)  As used in this subsection, the following terms shall have the meanings given to them in this paragraph:

(i)  "Direct contact."  Care, supervision, guidance or control.

(ii)  "Employee."

(A)  Includes:

(I)  A teacher, a supervisor, a supervising principal, a principal, an assistant principal, a vice principal, a director of vocational education, a dental hygienist, a visiting teacher, a home and school visitor, a school counselor, a child nutrition program specialist, a school librarian, a school secretary the selection of whom is on the basis of merit as determined by eligibility lists, a school nurse, a substitute teacher, a janitor, a cafeteria worker, a bus driver, a teacher aide and any other employee who has direct contact with school students.

(II)  An independent contractor who has a contract with a school for the purpose of performing a service for the school, a coach, an athletic trainer, a coach hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association or an athletic trainer hired as an independent contractor by the Pennsylvania Interscholastic Athletic Association.

(B)  The term does not include:

(I)  A student employed at the school.

(II)  An independent contractor or any employee of an independent contractor who has no direct contact with school students.

(iii)  "School."  A public or private school, intermediate unit or area vocational-technical school.

(iv)  "Volunteer."  The term does not include a school student.

(a.3)  Child care.--Except as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an employee of a center for children commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child who is receiving services at the center.

(b)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Agent."  A person who is assigned to work in a State or county correctional or juvenile detention facility, a youth development center, youth forestry camp, other licensed residential facility serving children and youth or mental health or mental retardation facility or institution, who is employed by any State or county agency or any person employed by an entity providing contract services to the agency.

"Center for children."  Includes a child day-care center, group and family day-care home, boarding home for children, a center providing early intervention and drug and alcohol services for children or other facility which provides child-care services which are subject to approval, licensure, registration or certification by the Department of Public Welfare or a county social services agency or which are provided pursuant to a contract with the department or a county social services agency. The term does not include a youth development center, youth forestry camp, State or county juvenile detention facility and other licensed residential facility serving children and youth.

18c3124.2v

(Dec. 21, 1998, P.L.1240, No.157, eff. 60 days; May 10, 2000, P.L.38, No.12, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)

 

Her only defense for this is fighting the constitutionality of the states ability to criminalize this particular act. They got her just because there is in fact a law on the book for this situation, which just means they got the authority to prosecute over it. Even if no real crime occurred. The states technically have a  lot of ability to pass any law they want, banning nearly any act, regulating it as they see fit, even if it's just a gross abuse and overstepping of power on the people. I understand a lot of idiots think teenagers can't engage in sexual activity and all, and so they try to protect it, think it should be criminalized and outlawed even. But in reality, I personally believe that individual citizens have the ability to regulate their own behavior without the government imposing their ideals or restrictions on people, and this is what the "liberty" interest of the constitution should be used to protect. It should protect against the government or groups of people from passing unfair laws to target minorities and others for things that really shouldn't be regulated by the government or another party.

 

The one way I could see this being a real crime is if she raped him. Like actually forced her ###### on him and he tried to get away, resist, but she over powered him. That is a crime, and he'd feel violated afterward, like he'd been assaulted. But all considering he probably enjoyed himself and he should be commended for that. Here here, ###### and don't let the government interfere! Unless you actually need help, the government is not there to ###### with your lives!

[Turk.]

Sexual assault-here even rape- itself is covered in criminal law. This case is thus also criminal. It also applies to civil matters. The school could have been vicariously liable, but not in this case, teacher is independent person, sexual act/force has nothing to do with school program, curriculum.

if it was a workplace accident, a manager's negligence caused harm to any employee then workplace can also be vicariously liable. this case does not cover any vicarious liability. If teacher asked for a student jumping over the fence as part of the curriculum, student broken her leg, then both teacher-directly- and school-vicariously- would have been liable because of personal negligence under school's curriculum.

[xbamaris]

 

 

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.

 

 

 

 

Invasion of privacy much? I think the case should be thrown out because of this. Unless the phone was "GIVEN" to the student... but there's no evidence that shows that that was the case... 

[Rippleman]

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

 

Check your 18 year old's phone? serious? Not a chance i would ever do that to my kids. Up here in Canada, 18 is an adult.

[macoman]

When I was a kid, I always wanted to be raped by my hot history teacher. She had a delicious body :blush:

[Turk.]

Yeah, Maco, I see why that innocent elephant is now your victim :)

[macoman]

Yeah, Maco, I see why that innocent elephant is now your victim :)

:rofl:

[Albert]

maybe schools should setup student-teachers conjugal visit rooms (plural!). this could happen. nothing stays illegal for long in america.

 

oh btw. i agree. she's hot.

[pmrd]

"Victim".. LMAO.. 

 

Lol that's exactly the first thing that went through my mind!

[laz45]

niceeeeeeeeee

The female student that told on him was jealous!

[cork1958]

I know most of these stories are coming to light due the internet and cell phones/camera's, but man, sure is a lot of this stuff around!

 

I had a few teachers in school I would've loved to have been able to hit, or be hit by! ;)

 

I thought this stuff only happened on tv? :cry:

 

That teacher definitely isn't bad looking either.

[Skin]

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

 

I think the fact they call this 18 year old adult a 'child', and want parents to monitor his phone and accounts is more worrisome than whom he is having consenting relations with.

 

Oh, you mean they just want to use him as an example and get people to ignore the fact he is an adult... cause, 'what about the children!!!'. This is an old, tired act.

 

Screw this world and all it's insane logic and warped laws that do so little for society.

[Praetor]

anyways, i think that having sex in a school classroom with a hot teacher is the male teens n?1 dream fantasy, but honestly the one that got screwed over here was the teacher, if not then see:

 

- fellow teachers from the same school won't have respect for her, as her actions did inflict damage to the authoritative image a teacher should have (i imagine fellow female colleges won't really be happy because of this situation).

- gonna be hard for her to work not only in that school but in other, as the parents and colleges will label her very quickly; also students can be mean and knowing that teacher had sex with a student they will probably try their chances to score with her.

 

so it's a lose-lose situation for her and i really do feel sorry for her, because she should had more judgment for this situation; if she wanted to have sex (whatever the reasons, even if she fell in love with the student) then she should had taken the necessary measures for this - transfer to another class, school or decline from her position, marry him, etc.

 

why i know this? because a couple of years ago i did teach in several schools (professional and regular ones) and believe me, sex between teachers and students do happen more often then you know (and be glad that both of them are adults in this case because i knewed cases with underage male teens with hot teachers in their 30s, faculty girls with professors just to get better grades and so on); i can't count the number of times i had students younger and older than me demonstrating they wanted something else; while some were discreet enough :shiftyninja:, others were really showing want they wanted :rofl:

 

What bothers me is the lack of judgment of both parties in those situations (when both of the parties are adults, mind you) and the labels society gives them;

- the students get treated like children (when they are not) and like they were violated (when they weren't); between them the ones that had sex are treated as heroes if males and ###### if females (both genders get despised if they had sex for grades, mind you);

- the teachers involved get labeled like pedophiles, ninfomanic or other vile monster when sometimes it's really the case (as in, predators that take advantage of their position to have sex with students) but sometimes it's not (i knew a female teacher that was so emotionally damaged by her boyfriend that every one that showed some care for her she would fallen in love - ultimately leading her to having sex with a student), damaging their lifes, their professional images, their colleges and the institution they represent.

 

society doesn't help either because while there are cases of abuse of authority, there are others cases of people that fall in love, but both of them get the same label; which is sad if one thinks that there are many cases of the same situations (teacher / student relationship) but in different context, for example in a hospital, and people are more relaxed about them.

 

just to finish: i had several crushes with my teachers when young; my history teacher, my maths teacher (and her colleges were not only hot but beautiful) so yeah, i know that being a teen is hard, but being a teacher is more harder :D

[Xilo]

Wah wah, a person of legal age is having consensual sex.

[T3X4S]

Being against sex, gender equality, and secularism are common traits of the Christian stereotype.

OK, I guess I was being too literal - I couldnt connect the dots in how he would attribute locking someone up in USA to christianity - I can see how the connection could be made, just ASSumed the poster wasnt making that connection and it was just flamebait - but I definately see your point.

[+Anarkii Subscriber²]

He had sex with a hot teacher... whats the problem?
Give that kid a medal or something, not send her off to prison :(

Stupid American law :(
She should get a medal too dammit. For being hot. 

[Skiver Veteran]

He had sex with a hot teacher... whats the problem?

Give that kid a medal or something, not send her off to prison :(

Stupid American law :(

She should get a medal too dammit. For being hot. 

Are we saying that rules should be changed to take into account ages? Or are you simply saying that teachers should be in a position to groom any student? Or are we saying because she was hot its ok, but if she was ugly then she could be locked straight up?

 

Lets have a consistent rule here, this isn't allowed full stop. When you start adding grey area's the whole thing just turns into a big mess.

[Bamsebjørn]

Way too much punishment... 7 years? Are they completely out of their minds?

[macoman]

Are we saying that rules should be changed to take into account ages? Or are you simply saying that teachers should be in a position to groom any student? Or are we saying because she was hot its ok, but if she was ugly then she could be locked straight up?

Lets have a consistent rule here, this isn't allowed full stop. When you start adding grey area's the whole thing just turns into a big mess.

I know what u mean but beauty is what sale... A beautiful woman will be more likely to be hire than a ugly one. This is everywhere you go, not just in school.

[Skiver Veteran]

I know what u mean but beauty is what sale... A beautiful woman will be more likely to be hire than a ugly one. This is everywhere you go, not just in school.

I'm not really sure what that has to do with the thing they did though. Are we really saying its less of an issue because she was attractive?

[DocM]

Way too much punishment... 7 years? Are they completely out of their minds?

She was cut a break. In some states it's 20 years, but females are often given a shorter sentence than male teachers in the same situation.

Remember: this is NOT Europe.

[green_link]

at least it wasn't this Mrs Nesbit 

[nullie]

I know what u mean but beauty is what sale... A beautiful woman will be more likely to be hire than a ugly one. This is everywhere you go, not just in school.

I heard beautiful women actually get discriminated against. Generally an uglier women is more likely to be hired because the truly beautiful ones end up being very intimidating, and therefore get overlooked for hiring. Lets say a young fertile and healthy women, big breasts, full body, nice clothes comes in: most people are very afraid of these women and their sexuality and don't know how to interact with them. They might get overlooked because they don't fit in or might be disruptive to the work place, or people might have biased unobjective opinions about the type of person they are.

 

In other cases, a very, very ugly women might be discriminated against especially if she has traits of being retarded.

[nullie]

Sexual assault-here even rape- itself is covered in criminal law. This case is thus also criminal. It also applies to civil matters. The school could have been vicariously liable, but not in this case, teacher is independent person, sexual act/force has nothing to do with school program, curriculum.

if it was a workplace accident, a manager's negligence caused harm to any employee then workplace can also be vicariously liable. this case does not cover any vicarious liability. If teacher asked for a student jumping over the fence as part of the curriculum, student broken her leg, then both teacher-directly- and school-vicariously- would have been liable because of personal negligence under school's curriculum.

You forget though that no sexual assault occurred here. A sexual assault by definition is a physical assault that involves a persons genitals. Like forced sex, unwanted touching, etc.

 

In this case the 18 year old consented and participated in a romantic relationship with the teacher, so no assault occurred. The "Christians" have set up rules to try to ban sex between teacher/student here, it's purely a "statutory" or "social" law and does not meet the standard definition for assault.

 

I doubt there is even a civil claim here because the 18 year old boy has not been harmed in any way shape or form. Like, he could be seen as seeking out the relationship, and taking equal part in it. If there was a harm, like he actually felt exploited, or "assaulted" then it becomes an issue of liability. If he has other lasting damages such as mental or physical needs than that certainly makes it a claim as well, but I don't think he does.

 

It's being prosecuted solely because it's considered a statutory violation and someone turned her in for it. He defense from it as I said before, is to argue no crime occurred and that the law being used to prosecute her is invalid or that the prosecution violates her constitutional rights (such as she had the right to sexual privacy, under the 14th amendment).

[Memphis]

If this was the opposite genders everyone in this form would be claiming the teacher must have been grooming her since before she was of age and that he was a pedophile and took advantage of her.