Arkansas teachers/student sex, FTW

highland145

Lifer
Oct 12, 2009
43,973
6,337
136
Arkansas high court overturns teacher-sex law


The Arkansas Supreme Court on Thursday struck down 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 court sided with 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.

"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," wrote Chief Justice Jim Hannah.
Attorneys for the state argued the law protects high school students 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.
In a dissent, Justice Robert Brown said that the majority's opinion 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," wrote Brown.
 

AMDZen

Lifer
Apr 15, 2004
12,589
0
76
And this coming from Arkansas? Maybe there is hope for this country afterall
 

dennilfloss

Past Lifer 1957-2014 In Memoriam
Oct 21, 1999
30,509
12
0
dennilfloss.blogspot.com
In a dissent, Justice Robert Brown said that the majority's opinion will cause disruption in high schools because there will be nothing to prevent teachers from having sex with students who are 18 or older.

I think there will still be that little thing called being fired and the reason why going on your 'service record' as a teacher to act as a major deterrent.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
holy shit that teacher got 30 fucking years in prison for screwing his OF AGE student??? thats a load of bullshit right there.
 

SagaLore

Elite Member
Dec 18, 2001
24,036
21
81
But the high court found the law was unconstitutional because it criminalized sexual conduct between consenting adults.

I think this is great. :thumbsup:

But it doesn't mean we can't discourage teachers and students from getting it on. Just like with any place of employment, the school can have an anti-fraternization policy. Just because it isn't against the law to have sex with a "coworker", doesn't mean that the "employer" can't fire you for breaking the policy. It also doesn't mean that the "subordinate" can't sue for sexual harassment.

I think this is how we should approach this.
 

highland145

Lifer
Oct 12, 2009
43,973
6,337
136
Paschal_David_t598.jpg


The girl, NSWF.
 

zinfamous

No Lifer
Jul 12, 2006
111,743
31,110
146
:thumbsup:

teacher should still be fired, though. Ethics and such.


....and in before FDK laments the moral decrepitude of modern society and enabling pedophiles., blah blah blah.
 

MotionMan

Lifer
Jan 11, 2006
17,124
12
81
I dunno about most people but I was out of high school before I turned 18.

It seems to be split about 50/50 from what I can tell (my high school class, my wife's high school class, looking ahead for my kids' classes).

BTW, I turned 18 in the middle of my senior year of high school; My wife turned 18 in the middle of her freshman year of college.

With all the redshirted kids nowadays, this will come up more often in the future.

MotionMan
 

nageov3t

Lifer
Feb 18, 2004
42,808
83
91
legally, I see nothing wrong with an adult teacher having a relationship with an adult student.

but if the teacher is their teacher, that should be considered grossly unprofessional and grounds for termination.
 

jlee

Lifer
Sep 12, 2001
48,518
223
106
Paschal, who is serving a 30-year sentence, will have his convictions reversed and dismissed. His attorney, Casey Copeland, said his client was "vindicated by the Supreme Court."
Damn.

I wonder if someone's going to end up cutting him a check for that.
 

FallenHero

Diamond Member
Jan 2, 2006
5,659
0
0
Damn.

I wonder if someone's going to end up cutting him a check for that.

I doubt it. I don't think overturned convictions based on supreme court rulings (state or federal) generally open up everyone to civil liability.

Good for him though.