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High court overturns teacher-student sex law


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Updated: 3/29/2012 1:28 pm Published: 3/29/2012 1:28 pm

LITTLE ROCK, Ark. (AP) — The Arkansas Supreme Court has struck down the state's law banning sexual contact between teachers and students, finding that people 18 or older have a constitutional right to engage in a consensual sexual relationship.

The court sided with David Paschal, an Elkins High School teacher who admitted having a consensual sexual relationship with an 18-year-old student.

Attorneys for the state argued the law protects high school students from sexual advances of teachers who are in positions of authority.

But the high court found the law was unconstitutional because it criminalized sexual conduct between consenting adults.

In a dissent, Justice Robert Brown said that the majority's opinion will cause disruption in high schools because there will be nothing to prevent teachers from having sex with students who are 18 or older.

 

©2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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The views expressed here do not necessarily represent those of FOX16 - Breaking News and Weather to Plan Your Day for Little Rock and Central Arkansas

charlie - 3/30/2012 9:43 AM
0 Votes
But in AR it's okay to have sexual relations if the student is 14yo and your second cousin!

diplodia - 3/29/2012 3:51 PM
0 Votes
The idea of "position of authority" as somehow enabling teachers to make students take off their clothes is BS. In this scenario a 25yr-old teacher is raping a 60 yr-old student. People can be SO stupid.

wpsark - 3/29/2012 1:59 PM
2 Votes
while it's highly unethical of any high school teacher to be involved with an "of-age" student, I'm glad the court recognized it as not being something "criminal"..
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