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Teachers have power over students, which undercuts the notion that consent can be given freely; we control their lives, which means it's not fair to the individual student, or to the other students in the class; it's an abuse of the teacher's power, and compromises both the real and perceived fairness of that student's grades and of any overall curve in the class. Obviously, the younger the student, the worse the injury, but abuse of power is about power, not age.Besides, for purposes of their relationships with teachers, high school seniors, even if they are 18, are still kids, as the legislature clearly concluded, and prosecutors are not free to second guess them. Because there I was, all by myself, in arguing that Mc Elhenney should be subject to felony charges.Second, it ignores the power relationship between the woman and her student, which makes this different from the usual male-female relationship, and puts the boy on a different footing.
While the general age of consent is now set between 16 and 18 in all U. states, the age of consent has widely varied across the country in the past. Any juvenile offender 14 years old or older has the case automatically transferred to the regular criminal docket of the Superior Court by operation of law, and thus stands before the court to be tried as an adult. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17. The crime of "statutory rape" makes it illegal for a perpetrator of any age to have sexual intercourse with someone under the age of 16 that they are not married to.
Estrich's books include "Real Rape," "Getting Away with Murder: How Politics is Destroying the Criminal Justice System," "Dealing with Dangerous Offenders," "Making the Case for Yourself: A Diet Book for Smart Women" and "Sex & Power," currently a Los Angeles Times bestseller.
In the United States, age of consent laws regarding sexual activity are made at the state level. Previously the Connecticut age gap was two years, not three. A guilty verdict would result in conviction of a Class A felony sex offense, with a mandatory minimum of 5–10 years and maximum 25 years imprisonment. Links to Statutes Cited (in numerical order) The age of consent in Delaware is 18, but it is legal for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than 30. Definitions generally applicable to sexual offences. (j) A child who has not yet reached his or her sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child.
Would it have been different if it were a male teacher and an 18-year-old girl? There is no question that there is a double standard in sex abuse cases, and nowhere is it more apparent than in what seems to be the growing number of teacher sex cases.
We all react with shock at the very idea of a male teacher "taking advantage" of young women in his class; I can't imagine a panel having trouble with criminal charges in such a case, no matter how good looking the man, indeed, especially if he were good looking.