Recent Cases Around Houston
As of recently, there have been many stories circulating in Houston and surrounding areas about high school teachers having sexual relations with their students. At Cy-Fair High School, a teacher was arrested on Tuesday, April 23, after his girlfriend went through his phone and found text messages between him and a student. Following an investigation after a teacher threw a pair of scissors at a student for sitting with his girlfriend in class, it was uncovered that a Sheldon ISD teacher and a student had been engaging in an inappropriate relationship. Another teacher at Dekaney High School was charged with an improper relationship with a student after the parents of the student’s friend found out about the relationship the teacher was having with the student over text. All these events raise questions about what the law is on teacher-student relationships. Most are aware that it is illegal if the student is under 18. But what if the student is 18?
Are Teacher-Student Relationships Legal in Texas?
In Texas, it is illegal for a teacher to be in a sexual relationship with a student. According to the Texas Penal Code Section 21.12, a teacher is charged with Improper Relationship Between Educator and Student when an employee of a public or private primary or secondary school engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled at the school or in the district at which the employee works. If a teacher is charged with an offense under Section 21.12, it is classified as a felony of the second degree. A person convicted of this offense can face anywhere from 2 to 20 years in prison and a fine of up to $10,000. However, there are two defenses that the prosecution can use if the teacher is charged with Improper Relationship Between Educator and Student. The first defense the prosecution can use is that the teacher or actor was the spouse of the enrolled student at the time of the offense. If the teacher and student are married, they are allowed to engage in sexual relations. The other defense the prosecution can use is that the actor was not more than three years older than the student, and when the offense occurred, the teacher and student were in a relationship that began prior to the actor’s employment at the school.
Statutory Rape a/k/a Indecency with a Child
In addition to the above, any person who engages in sexual contact with a person under 17 can also be charged under Sec. 21.11 of the Texas Penal Code for statutory rape. It is a defense that the actor was the person’s spouse or they were not more than 3 years older, of the opposite sex, and it was consensual so long as the person is not a known or charged sex offender already. Statutory rape is a second-degree felony in Texas punishable by 2 to 20 years in prison. However, if the person commits two or more acts of sexual abuse over a 30-day period and the child is under 14, then crime can be elevated to a charge of Continuous Sexual Abuse of a Young Child under Texas Penal Code Sec. 21.02 which is a first-degree felony punishable by 25 years to life in prison.
Are Student-Teacher Relationships Still Illegal if the Student is 18?
Teacher-student relationships at primary and secondary schools are illegal regardless of the age of the student. Even though the statutory rape law no longer applies, the teacher can still be charged with Improper Relationship Between Educator and Student. The defenses discussed above still apply.
Why Are Sexual Relations Between Teachers and Students Illegal When the Student is 18?
People often question why it is illegal for a teacher to have a relationship with an 18-year-old, who is an adult under the law. The reason teachers are not allowed to have sexual relationships with students who are 18 has less to do with consent and more to do with the position of authority the teacher has over the student. Although the student is considered a legal adult in Texas, teachers are looked upon as authority figures over the student. Teachers have the ability to influence a student’s grades, ethics, and overall future. If a student is having a sexual relationship with a teacher and wants to end the relationship, it can open the student up to possible coercion on the teacher’s behalf to continue the relationship. A teacher could easily decide to tell that student that if they try to end the relationship, their grades will suffer. Conversely, if the student is in a relationship with the teacher and is getting good grades, it creates the appearance of impropriety. Did they really earn the grade like everyone else? You can imagine the gossip. These situations can lead to emotional damage to the student in many ways by someone who is supposed to be helping them succeed. Thus, a relationship between a teacher and a student has the ability to impact the student’s life.
Are Teacher-Student Relationships Illegal at Texas Universities?
The Texas Penal Code only prohibits relationships between students and teachers in primary and secondary schools (high school); the law does not apply to post-secondary school relationships. Thus, it is not illegal for a student and a teacher at a university to be involved in a sexual relationship. However, most Texas colleges and universities have internal rules prohibiting relationships between students and professors. If a student and professor are found to be in a relationship at a college that has internal rules prohibiting these relationships, there will be no criminal offense; however, the professor may be placed on leave or asked to resign from the university. The student could face sanctions and expulsion.
What is the Law on Student-Teacher Relationships in Other States?
A few states vary in their laws regarding teacher-student relationships; however, over 75% of states have passed legislation outlawing educator sexual misconduct even with students over the age of consent. Most states recognize that, regardless of the student’s age, the teacher is in a position of power and authority over the student; thus, the student cannot truly consent to that relationship. In Arkansas, a law in place since 2003 states that it is illegal for a teacher to have sex with a student at the school where they work if the student is younger than 21. Breaking this law can result in the teacher being charged with second-degree sexual assault. In four states – Connecticut, Ohio, North Carolina, and Texas – sex between a teacher and a student is illegal, no matter the student’s age. A few other states, such as Maryland, Kansas, New Jersey, and New Hampshire, do not have rules in place for sexual relations between a teacher and an 18-year-old student. However, those states have harsh penalties in place for educators who have sex with students who are under 18.
Civil Consequences
Anytime a person breaks a law, this is negligence as a matter of law in the eyes of the civil courts. Thus, the student does have a legal right to hire a sexual assault lawyer and sue the educator for physical and emotional damages for sexual abuse. Whether the school bears any responsibility or just the educator will vary from state to state.
State schools in Texas are largely shielded from liability for negligent hiring and the actions of the educator by the strict Texas sovereign immunity laws. However, if the abuse takes place at a private school and they had reason to know of the educator’s conduct or propensity toward sexually abusing students, the private school may be held liable as well. Different states have different laws pertaining to sovereign immunity; thus, it is wise to consult an attorney on your state’s situation.
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