Teacher sex abuse cases make the headlines all across the country. When they are revealed, they are devastating whether the case ends in a conviction or not. The teacher is presumed to be guilty in the press, his or her photo is published, the charges make the headlines and the career of the accused teacher is often over. Like statutory rape, a teacher in the context of a sex crime case involving a student is presumed to be a person of authority over the student.
Defense Lawyers For Sex Abuse of Minor Students
Because teachers are presumed to be a person of authority, teachers are not allowed to become sexually involved with a student under the age of 18. Even if the student is not under the age of 18 years of age, the prosecution can try and prove that the influence of the teacher was so pervasive that the student had been coerced. In teacher sex abuse cases against students, the report often comes from the parent of the student directly to the police and because of the age difference between the teacher and the student and the position of power of the teacher over the student, charges in these types of cases are issued by the prosecutor quickly and often without much investigation. A teacher accused of a sexual act with his or her student must obtain legal counsel immediately.
Sexual Criminal Charges That Can Be Brought Against a Teacher.
Criminal sexual conduct by a teacher is broken down into four categories:
- Criminal sexual conduct in the first degree can be charged when a teacher and a student engage sex with sexual penetration and the student is under the age of 16. A teacher actor is defined as a teacher, substitute teacher, administrator, employee, or contractual service provider of a public school or private school, or school district in which the student is enrolled.
- Second degree criminal sexual conduct between a teacher and a student is any sexual contact with a student under the age of sixteen.
- Third degree criminal sexual conduct between a teacher and a student is when the student is between the ages of 16 and 18 when the sex involves sexual penetration.
- Fourth degree criminal sexual conduct is any sexual contact between the student and the teacher. There are no criminal charges if the student and the teacher are lawfully married at the time of the alleged illegal acts.
The criminal penalties for teacher sexual abuse of a student are quite severe. A conviction for criminal sexual conduct in the first-degree could result in life imprisonment. A conviction for criminal sexual conduct in the second degree or third degree is imprisonment for up to 15 years in prison. A conviction for fourth degree criminal sexual conduct is imprisonment up to 2 years in prison. The penalties for imprisonment do no include sexual registration or monitoring.
Even the suggestion of teacher student sex is extremely serious. Whether you are formerly charged or just under suspicion of criminal sexual conduct, you will need an attorney who extremely familiar with the law and the criminal justice system to guide you from the beginning to the end. You will need an attorney who will do the hard work to investigate your matter and to be vigilant in representing you around the clock.
We Will Not Pass Your Case To An Inexperienced Attorney
The stress of an accusation is tremendous, thus having access to your attorney is imperative. The Clark Law Office provides you complete access to legal advice and representation. Your case will not be handed off to a paralegal, legal secretary, or transferred from attorney or attorney like so many large firms. The attorney you meet with will be your attorney and you will have complete access to the attorney that will handle your case from the first interview to the completion of the matter.
Contact Us Regarding Your Teacher Sex Accusation
The Clark Law Office will do everything to have your matter resolved so as to protect your good name and reputation. We will work hard to find all the facts or factors that would go towards motive or envy or just downright meanness so as to press out all the evidence that will result in the case being dismissed or the charges reduced. Teachers accused of criminal sexual conduct are often placed on administrative leave without pay and thus a swift and favorable resolution of the matter is an upmost importance. If you find yourself in this unfortunate situation, contact us immediately at (517) 347-6900 to protect your rights and reputation.