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Arkansas overturns teacher-student sex law

'If the child wants to have sex when they are 18 with their teacher, that is fine,' parent says

The Arkansas Supreme Court has overturned the state's law banning sexual contact between teachers and students, finding that people 18 or older have a constitutional right to engage in a consensual sexual relationship. The high court ruled in favor of 38-year-old David Paschal, an Elkins High School history and psychology teacher who admitted having a five-month consensual sexual relationship with an 18-year-old student.

David Paschal, who is serving a 30-year sentence, will have his convictions reversed and dismissed. Paschal's attorney, Casey Copeland, said his client was 'vindicated by the Supreme Court.'

David Paschal, who is serving a 30-year sentence, will have his convictions reversed and dismissed. Paschal's attorney, Casey Copeland, said his client was 'vindicated by the Supreme Court.'

LOS ANGELES, CA (Catholic Online) - "Regardless of how we feel about Paschal's conduct, which could correctly referred to as reprehensible, we cannot abandon our duty to uphold the rule of law when a case presents distasteful facts," Chief Justice Jim Hannah wrote.

Attorneys for the state argued that high school students should be protected from sexual advances of teachers who are in positions of authority. But the high court found the law was unconstitutional because it criminalized sexual conduct between consenting adults.

"If the child wants to have sex when they are 18 with their teacher, that is fine," parent Amy Dardenne told television reporters. "They are adults at 18, so they might as well do what they want to do."

Justice Robert Brown said in a dissenting opinion that the majority's decision will cause disruption in high schools because there will be nothing to prevent teachers from having sex with students who are 18 or older.

"This will cause significant disruption in our high schools and have a deleterious impact on education in general and the teacher-student dynamic in particular," Brown wrote.

It's not yet known if the state will appeal the ruling.

"We respect the Court's decision, although we disagree with it," Aaron Sadler, spokesman for Arkansas Attorney General Dustin McDaniel wrote in an email. "We are currently evaluating our options, which include seeking a rehearing."

Whether the ruling will see another day in court is unclear. "We're reviewing the decision," Matt DeCample, spokesman for Governor Mike Beebe says. "It's way too early to talk about any immediate attempts at a legislative response."

Paschal, who is serving a 30-year sentence, will have his convictions reversed and dismissed. Paschal's attorney, Casey Copeland, said his client was "vindicated by the Supreme Court."

"I think that this case does not necessarily say a teacher can do that and keep their job," Copeland said. "I think the loss of job and loss of teacher's license might be appropriate for that, but it's not appropriate to put someone in jail for 30 years."

Several states have laws banning sexual consent between teachers and students. A Republican assemblywoman in California introduced a bill this week to create a law similar to what was just struck down in Arkansas. If the bill is successful, she said, California would be the 24th state to ban student-teacher sex. In other states, such situations are considered a felony.

© 2012, Catholic Online. Distributed by NEWS CONSORTIUM.

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Keywords: Teacher, student, consensual sex, laws, felony

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1 - 5 of 5 Comments

  1. A Sinner
    1 year ago

    It's called sexual harassment.

  2. DLL
    1 year ago

    This is the same as a doctor having sex with patients. It is wrong to have a teacher and the student of theirs to have sex. Professionalism is what makes the distinction for correct or incorrect behaviour. Without moral standards the professional standards of behaviour will be the correction as the individual gets fired and never works in the field as a teacher anymore. The same goes for all who violate professional standards of any profession. This is at least one reason to teach undergraduates basic morality. If the prison term is extreme so is the practice in basic elements of teaching that teach students that there is no right or wrong as it is all relative to be solely a matter of ones personal opinion and choice. Today only one who gets caught doing something wrong and then gets a conviction for being wrong is wrong. If they get away with being wrong and are not convicted than they are right to be wrong. This is what today's twisted logic is teaching undergraduates.

  3. stefanie
    1 year ago

    I don't think it should be a criminal offense to have a relationship with an adult pupil. However, I *do* think such teachers ought to be fired right away, since it makes for conflicting interests and is simply a shady thing to do. If they want a relationship, the pupil can transfer to another teacher or the teacher can quit their job, to keep things clean. That would be fair in my eyes.

  4. Jill
    1 year ago

    Lord help this world. This legislation is pure evil. Protect our children from this evilness.

  5. Larry
    1 year ago

    Really? 30 years in prison?. Thank G-d someone helped this man. Truly there should be restrictions on this because of the teachers position of authority and that some students may wish to bribe them. I wouldn't make it a felony but surely make it a condition of employment. It is kinda like a purchaser for a corporation accepting gifts from the companys suppliers.

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