Image Credit: Pixabay – SplitShire

A day doesn't go by without hearing about a teacher being arrested for sexual behavior with a high school student in Denver, Adams, or Jefferson County. The public always responds with disgust; how dare an adult in a position of trust use a child in that way! But, this isn't a fair or just response. People don't ever take into account the other person involved in the sexual behavior. And, people who do call for teens to take some responsibility for the relationship face opposition. Very rarely are these sexual relationships non-consensual, yet students aren't held responsible for their involvement, leaving the teachers to face life in prison.

Teacher / High School Student Relationships are Often Consensual, but Students Don't Have to Take Responsibility for their Behavior

An article was shared with me this past week. It told the story of a 28-year-old math teacher who had a relationship with a 14-year-old student. The teacher was sentenced to prison, and the girl was treated solely as a victim. If this case had occurred in El Paso, Arapahoe, or Jefferson County, the teacher could be spending up to life in prison under an indeterminate sentence. No thought is given to the fact that the student was a willing participant in the relationship. In fact, the girl lied repeatedly to her parents about her whereabouts. A lawyer in the case sums it up perfectly:

She lied to her mother so she could have sex with her teacher…she went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn't she be responsible for that?

Teenagers are becoming sexually active at younger and younger ages. Studies show that almost 47% of high school students in the U.S. have had sexual intercourse. In addition to this, there have been many stories of younger students bragging to their friends about their sexual activity with a teacher.

Often, teachers are arrested after students bragged about their sexual encounters. The students have no legal consequences for their behavior.

Rape Shield Doesn't Allow Evidence in Court

In Colorado, there is a law called “Rape Shield,” which prohibits certain types of evidence into the courtroom. An alleged victim's past sexual history cannot be allowed in trial. This further places all the responsibility on one party in the case. If a teen was sexually active or known to be promiscuous in past relationships, this often cannot be allowed in the courtroom. This isn't just or fair. Teens should have some responsibility for their willing, consensual sex life.

Speaking the Truth Results in Consequences

Believing that teens should take some responsibility for their consensual sexual relationships with teachers isn't a popular opinion. In fact, the lawyer's statement above resulted in the loss of his job. By simply stating his opinion, the lawyer lost his job. According to the district, his comments were “completely inappropriate, and they undermine the spirit of the environment we strive to offer our students every day.” The young girl sued the district, saying she suffered “emotional trauma” as a result of the five-month sexual relationship. No consideration was given to the fact that she was a willing, involved participant.

Why You Need a Lawyer for Position of Trust Sex Cases

If you have been charged with Sexual Assault on a Child by a Person in a Position of Trust in Pitkin, Grand, or Teller County, don't hesitate to contact an attorney immediately. The earlier a knowledgeable lawyer is involved in your case, the better. This is because District Attorneys, judges, juries, and the general public don't' give a second thought to your innocence. It isn't a popular opinion to believe teens should take some responsibility for their actions. You'll be alone in court. Don't be alone; work with a skilled lawyer who is passionate about fighting for your rights and freedom. Here at the O'Malley Law Office, we fight to win.

Request a Free Consultation

If you or a loved one has been charged with a sex offense in Colorado, be smart, exercise your righto remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.