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Besides, for purposes of their relationships with teachers, high school seniors, even if they are 18, are still kids, as the legislature clearly concluded, and prosecutors are not free to second guess them. Because there I was, all by myself, in arguing that Mc Elhenney should be subject to felony charges.Would it have been different if it were a male teacher and an 18-year-old girl? There is no question that there is a double standard in sex abuse cases, and nowhere is it more apparent than in what seems to be the growing number of teacher sex cases.We all react with shock at the very idea of a male teacher "taking advantage" of young women in his class; I can't imagine a panel having trouble with criminal charges in such a case, no matter how good looking the man, indeed, especially if he were good looking.But give me a good-looking woman teacher, and the locker room jokes begin. The locker room humor is dangerous on at least three counts. If he had not been a student, he would have been considered a consenting adult. When the Texas law was originally drafted, it was limited to students 17 years of age and under. Under a Texas law passed three years ago, teachers who have sex with their students may be convicted of a felony and sent to prison for The boy in question was 18.Even if there is a constitutional right to adultery or homosexuality, there is no constitutional right to have sex with your superiors while you're studying under them.And short of such a right, it is up to the legislature to set society's standards for acceptable conduct. The fact that my fellow panelists don't happen to "like" it is no reason for it not to be enforced.
Third, it provides the basis for ignoring the judgments of the legislature on criminal law. There is no constitutional right of teachers to have sex with their students or students to have sex with their teachers.
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