Friday, January 16, 2009

Sex With Students OK For Teachers

From Mark Shannon Blog:

School teachers can have sex with their their 18-year-old students according to.
A three-judge panel of the Washington Court of Appeals on Tuesday ordered the dismissal of a case brought against Matthew Hirschfelder, a former choir teacher at Hoquiam High School who was accused of having a sexual relationship with an 18-year-old student in 2006, when he was 33.

Hirschfelder, who resigned in 2007, denied the relationship. But his lawyer challenged the charge against him, first-degree sexual misconduct with a minor, arguing that an 18-year-old is not a minor. The Court of Appeals heard the case after a lower-court judge refused to dismiss it.
With Tuesday's ruling, the appeals court unanimously agreed that the state law banning sex between teachers and students is "ambiguous," because 18-year-old students are not legally minors. The appeals court reversed the lower court's ruling and ordered it to dismiss the charges.
Prosecutors say they have not decided whether they will appeal the ruling to the state Supreme Court.

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