Teacher Sexual Abuse

October 08, 2010 (Press-News.org) Rumors and innuendo, good or bad, are all part of the junior-high and high-school experiences. "Did you hear? So-and-so is dating so-and-so."

However, not all rumors are as innocent. Sometimes the rumors involve indecent behavior between teacher and student. But are the rumors true? Are the subjects of those rumors always guilty?

Texas Law

Texas Penal Code Section 21.12 defines an "improper relationship between educator and student." Encompassing the behavior of teachers, principals, janitors, secretaries, coaches and other employees, the statute states that "an employee of a public or private primary or secondary school commits an offense" by engaging in a "sexual contact, sexual intercourse, or deviate sexual intercourse" with a student "who is enrolled" at the school in which the employee works.

Texas Penal Code Section 21.12 also incorporates Texas Penal Code Section 33.021 -- Online Solicitation of a Minor. Under this statute it is a crime for anyone "17 years-of-age or older" to "communicate in a sexually explicit manner with a minor," "distribute sexually explicit material to a minor," or to "solicit a minor to meet ... with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse ..."

Texas Penal Code Section 21.12 does not provide a defense if the victimized student is older and allegedly more able to consent; the statute says only "person who is enrolled." This is not the norm throughout the country, however. According to statistics from Counter Pedophilia Investigative Unit (CPIU), it is not against the law "for school employees ... to have sex with students aged 16 and over" in 20 states. The CPIU notes that "it is not a crime for school employees to have sex with students aged 18 and over" in 45 states -- this statistic puts Texas in the minority.

A Severely Underreported Crime or A Crime Largely off the Radar

In 2004, the United States Department of Education commissioned a study on educator sexual misconduct. Charol Shakeshaft, professor at Virginia Commonwealth University, found through a survey of 2,063 students that 7 percent of students nationwide had experienced "physical sexual misconduct by a school employee."

Of the 7 percent that experienced physical misconduct by school employees, only 9 percent reported the incidents. "So with 91 percent we don't even know what happened," noted professor Shakeshaft, pointing out that sexual misconduct by educators is "underreported." The CPIU backs up professor Shakeshaft's claim by stating that "most cases of sexual abuse of students by teachers are never reported."

Difficult Charges to Defend

Whether or not cases of teacher sexual abuse are underreported, some feel that teachers and other adults are at risk of being found guilty, even when they are wrongly accused. These cases are difficult to defend and the accused, whether innocent or not, may plead guilty to accept lesser penalties than what could await them if found guilty by a jury.

"These are the hardest cases to win, because people basically stop listening as soon as the indictment is read ..." states Demosthenes Lorandos, psychologist and lawyer who defends those wrongfully accused of sexual abuse.

One hurdle for the defense is the manner in which children are questioned about the alleged abuse. Those doing the questioning have the ability to shape the ultimate story given by a child by repeatedly asking the same questions, by asking leading questions or by asking questions that assume facts that may or may not be true.

Another aspect of abuse charges that makes them very difficult to defend is that the questionable patterns of behavior often span large time periods, making it exceedingly difficult for the defense to provide alibis, and to put forth evidence contrary to the accusations or that explains the behavior.

An article by Paul Stuckle on the Family Rights Association website suggests that several factors work against those accused of sexual abuse of children, including:
- Hearsay evidence -- normally inadmissible and viewed as unreliable, is normally admissible in child sex abuse cases by "outcry" witnesses, who testify as to what the children said to them about incidents
- No right to confront accuser -- children are allowed to testify via video tape, thus not having to face the adults they are accusing of sexual abuse
- No physical evidence -- many are convicted without any physical evidence; they are instead convicted through "theories, inferences, and speculation"

Because the odds are essentially stacked against the accused, he or she may feel compelled to plead guilty to untrue allegations. There may be many reasons for this, including the difficulty of defending the charges and that a plea agreement may allow the defendant to receive a lesser penalty such as a shorter prison term.

Wrongly Accused?

If you are a teacher that has been wrongly accused of sexually abusing a student, don't plead guilty! First, contact an experienced criminal defense attorney to discuss the allegations and your legal options.

Article provided by Joe D. Gonzales Law Office
Visit us at www.joegonzales.com