Originally Posted by :
A 28-year-old Lake Charles-area woman faces a bevy of charges after Louisiana police said she repeatedly had sex with a 13-year-old boy who she met at the Bible camp where she was a teacher/aide.
According to the Sulphur Daily News, Heather Daughdrill initiated the relationship in June and it continued until a complaint was filed in October. After her arrest on November 29, police told the paper that Daughdrill would pick her victim up from school without his parents' knowledge and subject him to sexual encounters. Louisiana cops also reportedly found sexually explicit texts between Daughdrill and her victim.
Originally Posted by BigRichard:
If that kid is 18 and she gets a mandatory 2 years for that shit someone needs their ass kicked(preferably the guy who wrote up the law). Have these types of laws been challenged yet? I would think they could be challenged on the same basis of any laws against homosexuality. It is two consenting adults for fucks sake. I don't give a shit if she is a teacher or not.
Yes.
Originally Posted by :
A Tuscaloosa County judge is considering a request by the attorney for a former Brookwood High School teacher to declare unconstitutional the state's law that prohibits a school employee from having sex with a student under age 19.
Joe Bradley Petrey, 28, of Northport, was charged in August under the school employee sex law for having sex with an 18-year-old female student.
A number of teachers have been charged under that law since it was enacted by the Alabama Legislature in 2010.
Rep. Demetrius Newton, D-Birmingham, the bill's sponsor, said at the time that he introduced the bill because of an incident where a teacher and a 16-year-old student were allegedly having a sexual relationship. He said the school could take no action against the teacher because the student was 16, which is the age of consent in Alabama. Newton died in 2013.
The bill provides that consent is not a defense and a person convicted under that law faces a sentence of two to 20 years in prison.
Petrey resigned from his job August 3, less than a week before former Tuscaloosa County Superintendent Liz Swinford announced she had received "visual and written allegations of the relationship."
The investigation centered on compromising photographs that were leaked anonymously over the internet portraying the two in a sexual relationship while she was still a student and he a teacher.
But Petrey's attorney, Joel Sogol, believes the law is unconstitutional and on Feb. 28 he filed a motion asking Tuscaloosa Circuit Judge John England to declare the law unconstitutional.
A hearing was held Tuesday afternoon and the judge said he would issue a ruling later, Sogol said.England wants more information from the district attorneys and then he gets to respond, he said.
Jonathan Cross, chief deputy district attorney for Tuscaloosa County District Attorney's Office, said the district attorney's office opposes the motion and maintains the law is constitutional.
Sogo, however, said "the statute is terribly vague" and doesn't define that the school employee must be employed at the same school as the student.
Under Alabama law a 16-year-old is capable of giving consent to sexual conduct as long as they are not mentally incapacitated, physically helpless, Sogol states in a 13-page court brief filed Tuesday before the hearing. He also argues that rape laws have long been in place to protect students or anyone who is older or younger than 16 from being preyed upon by teachers or others using their positions to make unwanted sexual contact.
The school employee law violates substantive due process privacy rights because in this case it criminalizes consensual sexual activity conducted in private.
Instead of creating a new law, legislators could have raised the minimum age of consent to 19 or toughened rape laws for those who use their authority to coerce consent, Sogol stated, "but instead chose to unconstitutionally intrude upon the privacy of school employees."
State law allows a school employee to choose a sexual partner from anyone over the age of 16 provided the person is not enrolled as a student, Sogol stated. But the state school employee law violates the equal protection clause of the Constitution by criminalizing a personal relationship between two consenting parties – a student and teacher - that is not criminalized between others similarly situated parties.
Sogol gives this example of what could happen under the law:
"Sam is an 18-year-old freshman at the University of Alabama who works 10 hours per week in the Office of the Dean of Students. Because of that, Sam is a 'school employee.' Sam has an 18-year-old girlfriend who is also a student at the University of Alabama. Sam and his girlfriend engage in a clearly consentual 'sex act.' Sam has violated this law."
The girl who had sex with Petrey filed an affidavit in the case supporting Petrey and stating she and her parents would not participate in his prosecution. The girl said that she met Petrey during her freshman year at Brookwood High School. She said had classes he taught in 9th grade, 11th grade, and her senior year.
"I was something of a loner at school and in talking with Brad I found that we had a lot in common, far more than most of the other students and I had," the girl stated.
Another teacher at times accompanied her and Petrey, the girl stated. During the second semester of her junior year there was gossip about her and Petrey, but it was untrue, she wrote.
Not until after she turned 18 in September of her senior year did the relationship between her and Petrey turn sexual, the girl stated. The relationship was conducted in private, away from school, she stated.
Petrey didn't use his position as a teacher and coach to coercer her into a sexual relationship, the girst stated in the affidavit. "What I did was totally voluntary and done of my own free will. I am not a victim and except that Brad works as a teacher, this relationship would have been our own private business," she stated.
While their relationship was going on they both knew what they were doing was morally wrong and they decided to end it before it became public, according to the affidavit. "Through this all, the only people who lied or misled me were the police, who promised me if I would tell them what happened, nothing would happen to Brad. They lied!," the girl stated in the affidavit.
"Had Petrey been a volunteer coach and not a school employee, the statute would not even apply," Sogol writes in a brief filed Tuesday before the hearing. "It was (the girl) who initiated this relationship because she found this man, who was not much older than her, physically attractive and interesting. He exercised no power over her. He never tried to use his position of authority over her."
"For a violation of trust, Petrey appropriately lost his job, but the Constitution prohibits a criminal prosecution," Sogol writes in his 13-page brief.
Originally Posted by BigRichard:
If that kid is 18 and she gets a mandatory 2 years for that shit someone needs their ass kicked(preferably the guy who wrote up the law). Have these types of laws been challenged yet? I would think they could be challenged on the same basis of any laws against homosexuality. It is two consenting adults for ****s sake. I don't give a shit if she is a teacher or not.
Even in states where the age of consent is 16 there are usually exceptions when the the other person is in a position of authority, i.e. teacher.
This is a ruling from the Washington State Supreme Court -
Originally Posted by :
The age of consent in Washington is 16, but a statute outlaws a few specific sexual relationships, including between a teacher and a “minor” student who is “at least sixteen years old.” In an appeal, Hirschfelder argued that the statute was meant to criminalize sexual misconduct between teachers and students who are aged 16 and 17 (i.e. over the age of consent but under the age of 18). This week, however, the State Supreme Court ruled that legislators had originally intended to outlaw teachers having sex with students under 21 (the age cap for high school enrollment).
Here's another one from the Pennsylvania Supreme Court -
Originally Posted by :
A high school student who is assigned to a teacher’s class does not have the capacity to welcome that teacher’s physical sexual conduct. Under these circumstances, the teacher’s conduct is deemed unwelcomed. Unwelcome sexual conduct constitutes a sexually hostile educational environment, a form of sexual harassment. And sexual harassment constitutes discrimination on the basis of sex.
So for now you'll have to keep your relationships with your students on the D/L. [Reply]
Originally Posted by Coochie liquor:
The ugliest woman at a bar still has a better chance of getting laid at the end of the night than the best looking guy at the bar.
Originally Posted by Coochie liquor:
The ugliest woman at a bar still has a better chance of getting laid at the end of the night than the best looking guy at the bar.
I don't buy that for a minute, man.
I'm a pretty average lookin' dude in relatively decent shape - that's it. Nothing exceptional by any stretch.
And ANY time I've gone to a bar in STL or Columbia, girls have been aggressive as hell. Me and a friend of mine got openly propositioned to go home with a couple of girls we hadn't said shit to all night after a bachelor party a couple years back (to this day he bitches about me dragging his ass out of there).
Been married for over a decade so the 'don't really give a shit about any of these women' thing probably works in my favor, I'll concede. But at the same time, these women don't give a shit. It really is crazy. I'm constantly shocked by how easy it is to go home with somebody if you had any interest in doing so. The buddy I mentioned above has been out of his last relationship for about a year now and if he wants to get laid on a Saturday, he's gonna get laid.
If a dude's struggling, it's time to re-asses what he's doing out there. [Reply]
Originally Posted by DJ's left nut:
The buddy I mentioned above has been out of his last relationship for about a year now and if he wants to get laid on a Saturday, he's gonna get laid.
If a dude's struggling, it's time to re-asses what he's doing out there.
Originally Posted by DJ's left nut:
I don't buy that for a minute, man.
I'm a pretty average lookin' dude in relatively decent shape - that's it. Nothing exceptional by any stretch.
And ANY time I've gone to a bar in STL or Columbia, girls have been aggressive as hell. Me and a friend of mine got openly propositioned to go home with a couple of girls we hadn't said shit to all night after a bachelor party a couple years back (to this day he bitches about me dragging his ass out of there).
Been married for over a decade so the 'don't really give a shit about any of these women' thing probably works in my favor, I'll concede. But at the same time, these women don't give a shit. It really is crazy. I'm constantly shocked by how easy it is to go home with somebody if you had any interest in doing so. The buddy I mentioned above has been out of his last relationship for about a year now and if he wants to get laid on a Saturday, he's gonna get laid.
If a dude's struggling, it's time to re-asses what he's doing out there.
Xztop does not approve of this post..... BUT.... Jim Jones does, just on a different level. [Reply]
Originally Posted by BigRichard:
You are absolutely right... they should be fired. They should not be jailed.
Agree completely. Most professions have (and need) a code of ethics, especially ones like teaching that not only require a license but also deal with children. Fire them, revoke their license, and send them on their way. [Reply]
Originally Posted by scho63:
This is a tough call because when a man sleeps with an underage female student they fry his ass.
I also think it has become way too easy in this country to get arrested for just about anything!
There is a distinction between underage and being a student. If the girl is of legal consensual age I have zero problem with it. They shouldn't be teaching if they are caught but if you have two consenting people of legal age they need to fuck off as far as the law goes. [Reply]
