Members solarburn Posted January 14, 2009 Members Share Posted January 14, 2009 Court: Teachers can have sex with 18-year-old students 04:14 PM PST on Tuesday, January 13, 2009 Associated Press SEATTLE - State law does not bar teachers from having consensual sex with 18-year-old students, an appeals court ruled Tuesday in dismissing a case against a former Hoquiam High School choir teacher. The teacher, Matthew Hirschfelder, was charged with first-degree sexual misconduct with a minor for allegedly having sex with a graduating senior in 2006. He challenged a judge's refusal to dismiss his case, noting that because the student was 18, she wasn't a minor. A three-judge panel of the Washington Court of Appeals unanimously agreed. While the law was written vaguely, a review of the legislative history clearly shows that lawmakers intended to criminalize contact between teachers and 16- or 17-year-old students, the court said. The state's code of professional conduct for teachers still prohibits any sexual advance toward or contact with pupils, whatever their age, and they can be fired for it. Sexual contact with students younger than 16 is considered child rape or molestation. "There's nothing equivocal about teacher ethics: You don't have sex with a student, period," said Hirschfelder's attorney, Rob Hill of Olympia. Related Content 4/20/07: Hoquiam Teacher charged with sexual misconduct Hirschfelder, who was 33 at the time, denies any sexual relationship occurred. Before 2001, state law barred anyone at least five years older than a 16- or 17-year-old from abusing a supervisory relationship to coerce the teen into having sexual relations. That law applied to teachers as well as anyone else -- such as a teen's boss or coach. However, the law required prosecutors to prove that coercive tactics were used, such as the promise of a better grade -- making it difficult to go after teachers who had relations with a student they didn't directly supervise. In 2001, lawmakers decided they wanted to close that loophole. They passed a bill outlawing all sexual contact between teachers and students "at least 16 years old." The new language didn't clarify what happened if the student was over 18. The Grays Harbor Prosecutor's Office argued that the law should be interpreted as covering all students older than 16. People are allowed to attend public high schools in Washington until they are 21. In an opinion authored by Judge Marywave Van Deren, the appeals court rejected that argument, saying the law was intended to criminalize only contact with 16- and 17-year-old students, and that the age of majority in Washington is 18. "The name of the statute is 'sexual misconduct with a minor,"' Hill noted. Grays Harbor County Prosecutor Stew Menefee did not immediately return a call from The Associated Press, but he told The Daily World newspaper of Aberdeen on Tuesday that he would consider appealing. Several teachers have been prosecuted under the law for having sex with 18-year-old students, said Seattle lawyer David Hansen, who filed a friend-of-the-court brief on behalf of the Washington Association of Criminal Defense Lawyers. In 2007, former Hoquiam wrestling and football coach Todd Hoiness was sentenced to five months in jail after he pleaded guilty to sexual misconduct with a minor. That case too involved an 18-year-old student. Hirschfelder has not been able to work as a teacher since late 2006, when he was placed on administrative leave pending an investigation by the school board. He was arrested and charged in spring 2007, after the former choir student told police she had a monthslong affair with him that began shortly before she graduated. Hill said Hirschfelder has been tuning pianos to make ends meet. Link to comment Share on other sites More sharing options...
Members TOOL_5150 Posted January 14, 2009 Members Share Posted January 14, 2009 ok ~Matt Link to comment Share on other sites More sharing options...
Members guidedbyechoes Posted January 14, 2009 Members Share Posted January 14, 2009 Step 1. Become a teacher Step 2. move to WAstep 3. ???step 4. bow chicka bow wow Link to comment Share on other sites More sharing options...
Members Tyler N Posted January 14, 2009 Members Share Posted January 14, 2009 Man.... he denied it??? Link to comment Share on other sites More sharing options...
Members MattSkibaIsGOD Posted January 14, 2009 Members Share Posted January 14, 2009 Step 1. Become a teacher Step 2. move to WAstep 3. ???step 4. bow chicka bow wow WINRAR! Link to comment Share on other sites More sharing options...
Members BadCompany89 Posted January 14, 2009 Members Share Posted January 14, 2009 In the words of south park, nicccccccce. Link to comment Share on other sites More sharing options...
Members jaytee123 Posted January 14, 2009 Members Share Posted January 14, 2009 Why was this even a {censored}ing legal issue? He was charged with sexual misconduct with a minor. The {censored}ing girl was 18. Was this judge and the prosecutors retarded? People actually served {censored}ing time for this? It definitely is professional misconduct, and can be dealt with by an employer accordingly. But {censored}ing jail time?????? Link to comment Share on other sites More sharing options...
Members LeftyScum4000 Posted January 14, 2009 Members Share Posted January 14, 2009 Why was this even a {censored}ing legal issue? He was charged with sexual misconduct with a minor. The {censored}ing girl was 18. Was this judge and the prosecutors retarded? People actually served {censored}ing time for this?It definitely is professional misconduct, and can be dealt with by an employer accordingly. But {censored}ing jail time?????? To be fair, there are other issues; abuse of trust, blackmail, etc. Normally stuff like that might be handled on individual levels, but teachers (and doctors, and the like) have a relationship that makes those things much more easy to accomplish, so extra safeguards are there. Actually, in the medical profession, if you did the same thing with a patient, even if they were older than you and obviously an adult able to consent, you'd still be in some very serious {censored}. And frankly, it's hard to have too much sympathy, because you should know better. But I digress. Back to the fapping. Link to comment Share on other sites More sharing options...
Members Phishmonkey Posted January 14, 2009 Members Share Posted January 14, 2009 In the words of south park, nicccccccce. No, it was a dude. So Link to comment Share on other sites More sharing options...
Members guitarcapo Posted January 14, 2009 Members Share Posted January 14, 2009 Should be pretty clear to everybody. {censored} a student 17 or under..go to jail {censored} a student 18 or older....get fired. Seems a pretty simple concept to me. Link to comment Share on other sites More sharing options...
Members knucklefux Posted January 14, 2009 Members Share Posted January 14, 2009 why couldn't he wait until after she graduated? Link to comment Share on other sites More sharing options...
Members Say Ocean Posted January 14, 2009 Members Share Posted January 14, 2009 why couldn't he wait until after she graduated? blue balls seriously how much poon do you think teachers get, meanwhile they're staring at scantily clad jailbait ALL DAY Link to comment Share on other sites More sharing options...
Members mhr74 Posted January 14, 2009 Members Share Posted January 14, 2009 In the words of south park, nicccccccce. :cop: Link to comment Share on other sites More sharing options...
Members SnowStorm Posted January 14, 2009 Members Share Posted January 14, 2009 This chick in Mass. was 26 and she was banging a 13 year old. She was actually pretty attractive too. Link to comment Share on other sites More sharing options...
Members Rich Posted January 14, 2009 Members Share Posted January 14, 2009 A high school band director in my area went to jail over having sex with an 18 year old girl. Link to comment Share on other sites More sharing options...
Members solarburn Posted January 14, 2009 Author Members Share Posted January 14, 2009 blue balls seriously how much poon do you think teachers get, meanwhile they're staring at scantily clad jailbait ALL DAY This is why I'd have to be an elementary school teacher. Edit: meaning they don't effect me that way. Whew! Sorry bout any confusion on my prior statement. Link to comment Share on other sites More sharing options...
Members Phishmonkey Posted January 14, 2009 Members Share Posted January 14, 2009 This is why I'd have to be an elementary school teacher. You need to edit faster Link to comment Share on other sites More sharing options...
Members solarburn Posted January 14, 2009 Author Members Share Posted January 14, 2009 You need to edit faster Link to comment Share on other sites More sharing options...
Members Curtis.Fagan Posted January 14, 2009 Members Share Posted January 14, 2009 I'm in Canada, our laws are definitely more concrete and definitely less prohibitive... Not like "Escape the Fate" lenient, but no chance of getting dinged for boning an 18 year old girl for any reason.... -Curtis Link to comment Share on other sites More sharing options...
Members murdock Posted January 14, 2009 Members Share Posted January 14, 2009 can i haz teacher? Link to comment Share on other sites More sharing options...
Members Jeremy Skrenes Posted January 14, 2009 Members Share Posted January 14, 2009 He should be fired and should never work as a teacher again, that's for sure. On the other hand, it could be construed as rape when an employer compels an employee to have sex, can't see why that wouldn't apply here. Link to comment Share on other sites More sharing options...
Members Hung Over Posted January 14, 2009 Members Share Posted January 14, 2009 This chick in Mass. was 26 and she was banging a 13 year old. She was actually pretty attractive too. And where the {censored} were these sexy women teachers bangin' students when I was in school? Link to comment Share on other sites More sharing options...
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