Another Alabama Female Teacher Sleeping With A Student

Bamabuzzard

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Not saying the teacher shouldn’t be punished and lose her job and be barred from teaching, but IIRC, the legal age of consent in Alabama is 16 y/o. I know Al had a law against a teacher having sex with students, but remember reading where it was ruled unconstitutional (IIRC last year). So I know morally it was wrong, but I don’t believe it’s illegal in Alabama (unless the boy is claiming he didn’t consent).


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I did not know that. WOW, 16 yrs old.
 

danb

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I did not know that. WOW, 16 yrs old.
I know Alabama has a law against a teacher having sex with a student, and a judge ruled it unconstitutional, but that was probably appealed. Maybe some of the law guru’s on the board can provide a current standing, and more knowledge on that law.


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Tidewater

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North Alabama judge rules state's teacher-student sex law is unconstitutional
2017 ruling from Morgan County Circuit Judge Glenn Thompson.

Here's the gem:
Defense attorneys have argued teachers' 14th Amendment equal protection rights are violated by the law that was created in 2010. The law treats teachers and other school employees differently from other citizens, the attorneys argue in court records.
Glenn agreed, apparently.
Well, the law treat bank robbers differently from non-bank-robbers, so wouldn't a law criminalizing bank robbery also violate the 14th amendment?
I wonder what John Bingham would say about the use to which his amendment is now put.
 

Vinny

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If there’s grass on the field and the bat and balls are ready to play, then play ball [emoji38] I don’t see anything wrong if the student is 16 or 17 and the teacher is in their 20s. Hell, people in their 60s and 50s date 20 and 30 year olds.


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danb

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North Alabama judge rules state's teacher-student sex law is unconstitutional
2017 ruling from Morgan County Circuit Judge Glenn Thompson.

Here's the gem:

Glenn agreed, apparently.
Well, the law treat bank robbers differently from non-bank-robbers, so wouldn't a law criminalizing bank robbery also violate the 14th amendment?
I wonder what John Bingham would say about the use to which his amendment is now put.
That’s what I remember reading, I just couldn’t remember all the details. She’s still up a creek probably, but her lawyer has an angle to argue. From re-reading that, it is still against the law.


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bama_wayne1

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I was not clear. I do not see a problem in that I think that it should not be illegal.

While I am here I forgot a thing or two. If there is moral problem here it should be on the boy, though a teen age boy should be held accountable for this since non at not likely to think of things with his brain full of hormones. But technically he should realize that the teacher has mental problems, or at least hampered by a lack of judgement and maturity and he should encourage her problem.

I had the opportunity with a teacher as a teenager but turned her down because she was too ugly. Now, should I have gone ahead so as to not hurt her feelings, her being mentally challenged or should I have just counseled her? I have oftened ponderfed if I did not do the right thing.

No blue font intended. I hit it by mistake and do not know how to turn it off.
I don't think I would have typed that in this thread. LOL
 

4Q Basket Case

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Not saying the teacher shouldn’t be punished and lose her job and be barred from teaching, but IIRC, the legal age of consent in Alabama is 16 y/o. I know Al had a law against a teacher having sex with students, but remember reading where it was ruled unconstitutional (IIRC last year). So I know morally it was wrong, but I don’t believe it’s illegal in Alabama (unless the boy is claiming he didn’t consent).


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Some of our esteemed legal eagles will weigh in, but I’m pretty sure the age of consent in Alabama is influenced by the older partner’s age.

Then there’s a floor below which it’s statutory rape regardless, and an age above which it doesn’t matter what the age difference is.

Don’t know what happens if both partners are younger than the floor.

Edit: Just looked it up. Phrasing is a bit convoluted, but here goes: Alabama statutory rape law is violated when an individual over age 18 (or 16 or older if the victim is at least 2 years younger than the offender) engages in sexual intercourse with a person over the age of 12 and under age 16.

So there are lots of permutations for what happens between 17 and 12. But yes, if both partners are over 16, it’s legal.

Doesn’t mean her dad is happy about it, but it isn’t statutory rape.
 
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RammerJammer14

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I was not clear. I do not see a problem in that I think that it should not be illegal.

While I am here I forgot a thing or two. If there is moral problem here it should be on the boy, though a teen age boy should be held accountable for this since non at not likely to think of things with his brain full of hormones. But technically he should realize that the teacher has mental problems, or at least hampered by a lack of judgement and maturity and he should encourage her problem.

I had the opportunity with a teacher as a teenager but turned her down because she was too ugly. Now, should I have gone ahead so as to not hurt her feelings, her being mentally challenged or should I have just counseled her? I have oftened ponderfed if I did not do the right thing.

No blue font intended. I hit it by mistake and do not know how to turn it off.
It is wrong because the teacher, whether male or female, is in a position of authority and influence over the student.
 

danb

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Some of our esteemed legal eagles will weigh in, but I’m pretty sure the age of consent in Alabama is influenced by the older partner’s age.

Then there’s a floor below which it’s statutory rape regardless, and an age above which it doesn’t matter what the age difference is.

Don’t know what happens if both partners are younger than the floor.

The Alabama Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Alabama are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

Alabama statutory rape law is violated when an individual over age 18 (or 16 or older if the victim is at least 2 years younger than the offender) engages in sexual intercourse with a person over the age of 12 and under age 16. The offender commits the crime of sodomy If an individual age 16 or older engages in deviate sexual intercourse with a person under 16 and older than 12.

Of course this all goes out the window in regards if the minor is deemed to have a mental illness. It also matters when the older person is in a position of power or influence (like a teacher). I posted earlier because I remembered a case last year in which a judge threw out 2 cases of teacher having sex with students because he ruled it unconstitutional. It’s still against the law, until it goes further up the ladder.


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Tidewater

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That’s what I remember reading, I just couldn’t remember all the details. She’s still up a creek probably, but her lawyer has an angle to argue. From re-reading that, it is still against the law.
I agree.
My question for the lawyers on the board is:
Yes, the law on teachers having sex with students treats teachers differently from other citizens. But the law against bank-robbing treats bank-robbers differently than non-bank-robbers. How does the former violate the XIV Amendment but the latter does not?
 

Crimson1967

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I believe the law says a teacher can’t have sex with any student. This applies to kindergarten teachers sleeping with high schoolers.

I think the law should only apply if the student is in the teacher’s class. Or at least in the same school. I have no problem with it being a fireable offense for a teacher and any student, but it shouldn’t be illegal unless they have a classroom connection.


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Savannah

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"the legal age of consent in Alabama is 16 y/o"

To add to the discussion- Several decades ago it was not uncommon for 16 year olds to marry and sometimes the man would be much older. However, teenagers were more mature back then. And it seems there were fewer divorces then now. Of course there were other factors involved. Not sure I have a point.
 

Catfish

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I agree.
My question for the lawyers on the board is:
Yes, the law on teachers having sex with students treats teachers differently from other citizens. But the law against bank-robbing treats bank-robbers differently than non-bank-robbers. How does the former violate the XIV Amendment but the latter does not?
That's kind of a false equivalency. A bank robber is a bank robber because he broke the law. A teacher didn't do anything illegal to become a teacher.
 

Savannah

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"It is wrong because the teacher, whether male or female, is in a position of authority and influence over the student"

I can see that if the boy has mental problems or intellectually challenged. But in general, I go back to "there is a difference between males and females." A normal teen age boy is a predator, similar to a baby/teenage snake being a predator. And a teenage boy, even though an evolutionary predator, is old enough to curb his instincts whether he is "influenced" or not. With many, the only influence a teacher would have in that arena is how good she looks.

As to the act of the teacher being immoral, yes in a general sense. But relatively speaking the boy would also be immoral. However, I would engage and then ask forgiveness. The real problem here is that the teacher did not act like a teacher and it should not be illegal but against school rules and should be fired. Just my opinion.
 

Displaced Bama Fan

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"It is wrong because the teacher, whether male or female, is in a position of authority and influence over the student"

I can see that if the boy has mental problems or intellectually challenged. But in general, I go back to "there is a difference between males and females." A normal teen age boy is a predator, similar to a baby/teenage snake being a predator. And a teenage boy, even though an evolutionary predator, is old enough to curb his instincts whether he is "influenced" or not. With many, the only influence a teacher would have in that arena is how good she looks.

As to the act of the teacher being immoral, yes in a general sense. But relatively speaking the boy would also be immoral. However, I would engage and then ask forgiveness. The real problem here is that the teacher did not act like a teacher and it should not be illegal but against school rules and should be fired. Just my opinion.
Uh, what?
 

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