Adult Student-Teacher Sex Ban Struck Down By Arkansas Supreme Court

LITTLE ROCK, Ark. -- 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.

It is unclear if the state will appeal the ruling.

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

Whether the ruling will or can be addressed through future legislation is also unclear.

"We're reviewing the decision," said Matt DeCample, spokesman for Governor Mike Beebe. "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. His 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," said Copeland. "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 content between teachers and students. Earlier this week, a Republican assemblywoman in California introduced a bill 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 some states, such affairs are a felony.

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Comments

[pjordan]

01:35 PM on 04/06/2012

and conservatives can't even blame this one on liberals! Ark. is a red state, nice way to uphold your conservative values!

[GraceNotes]

05:54 PM on 04/04/2012

Of course, if the young lady gets pregnant and wants an abortion, then the state of Arkansas will say she is not mature enough to make that decision.

[see-ellen2001]

03:30 PM on 04/04/2012

Not illegal but still fire the teacher. A counsellor sleeping with their client is not illegal either but is it moral?

[NativeHorn]

08:02 AM on 04/04/2012

1. We already knew that 18 year olds can consent to sexual relations. Way to waste taxpayer's money, folks. As long and boring as the discussions are at the Supreme Court, it probably took weeks for them to come up with this.
2. An 18 year old is responsible for their actions. If a teacher fails them after a consensual relationship ends, it's their own fault for mixing business with pleasure. One of the first things you learn as an adult is not to poop and eat in the same place.

[JolietJake Blues]

07:06 AM on 04/04/2012

Thanks to all of those with an 80 IQ for pointing out that it is legal because they are both adults.

Teachers are in a position of power. A senior in high school can get dropped for their selected college if they fail a class. A teacher can fail a student and prevent graduation.

Yes, a teacher failing a student for refusing sex is a crime. But the crime is a lot easier to hide when a consensual relationship is allowed.

Say a failing student offers his teacher sex for a passing grade. The incident gets found out, but both of them have broken the law so neither will testify, or admit their guilt. Now they are able to hide their crime.

This is a bad ruling. More innocent people will be hurt than "true lovers" will be saved.

[kinnycut]

07:48 AM on 04/06/2012

You can question the morality of it all and you can play the "what if" game until doomsday, but you cannot be putting people in jail for having consensual sex with someone that has reached the age of majority because no matter what position one or the other is in they considered and decided to enter into the relationship despite the potential consequences of their actions. Sending teachers to jail for having legal sex with adult students is at least just as wrong because it is in essence creating a victim where there is none.

[JolietJake Blues]

06:58 AM on 04/04/2012

You stay classy, Arkansas.

[candide63]

06:30 PM on 04/03/2012

Many have posted that 18=an adult, end of story. But if an 18 year old slept with his/her doctor, would that be acceptable? Ethically speaking doctors can't get involved with patients. It would be a dual role, potentially compromising their objectivity and so on.

A doctor has studied extensively, practiced under intense supervision, is supposed to put the best interests of the patient first, and so on. We put monumental trust in them. Suppose a doctor prescribes drugs to a superstar because he's in awe and the superstar pays REALLY well and the doctor gets to have sex with the groupies...but that superstar dies because those drugs were a terrible idea as judged by other doctors. The doctor's self-interest got in the way; if he violates the trust he loses the license

On the continuum, teachers are actually semi-professionals. We aren't trained to the same level, aren't paid at the same level, and aren't accountable to the same standards. But we ARE privy to sensitive, confidential information, subject to various laws and so on...not totally UNprofessional either.

If the court says it isn't illegal, that's one thing. If the certification board pulls a license, that's another. That means the teacher won't go to jail but he/she won't be teaching any more, either. Overall that may not be an unfair outcome...not a crime, but not without consequences.

[iAREamerica]

06:03 PM on 04/03/2012

That's going to create a big problem in a backwards state like Arkansas where most of the elementary school students are more than 18 years old.

[Fenrir Lokison]

07:42 PM on 04/02/2012

I have a few questions for all those who think this is a good thing and are cheering. I would like to pose to you and if you have children, excellent, if you don't and plan no doing so or if you have children you are close to...Lets think about these questions...

* What if the student, if female student\teacher gets pregnant?

* In the case of a female teacher, who is lets say...36-40 and she wants your son to be a part of their child's life and to pay child support. Are you going to make sure your son is doing the right thing by this woman and their child?

* What if the student wants to marry the his/her teacher? Are you down for that?

* Or what if this teacher is having swinging parties with your child or a beloved child you know?

* Or maybe they are doing home videos and stuff? Are you down with that for your 18 year old?

[fuzzychickens]

03:38 PM on 04/03/2012

Two consenting adults are responsible for their own actions. 18 is old enough to pick up a gun and kill or get killed in Iraq serving your country.

If the school wants to fire the teacher because of policy, then great, they should.

But making it a crime is just PLAIN STUPID.

If you like stupid laws like this then move to another country where they like to baby sit you - Saudi Arabia sounds good for you.

[Fenrir Lokison]

06:04 PM on 04/03/2012

Well we know who 18 year olds would be easy prayer for teachers. Or who will such young ones into harms way. Its nice to pick such people out of the crowd.

While fornication should be a concern for everyone, that is a totally different discussion. And no one is saying deny them sex at age 18. The intelligent mind would of seen it as questions of ethics and morals and the fact that MOST parents are sending their children to school for an education and to be taught by professionals. Not people who are willing to engage their hormones with their children.

Let me not point out the stupidity of this whole thing and the idiots who follow behind it. No one is saying to make it a crime, but that maybe, just MAYBE schools and laws should work together in setting up a well balance between professional ethics and morals and personal ones. That these are some of the issues one must face is going to happen.

Fuzzy, the US is full of stupid laws, or have you unable to comprehend these things about the world you live in? So, your wasted comment only rolls back upon you to show what we have to deal with in the world. People who are too afraid for someone having an intelligent discussion without the need say such immature things as you have said.

Oh. And I see you have not answered the questions. Which further proves my point.

[ethelmertzrules]

05:15 PM on 04/02/2012

I should hope so. 18 year olds aren't children.

[JolietJake Blues]

06:59 AM on 04/04/2012

Teachers are in a position of authority. And the possibility of quid pro quo is troubling.

It's not like it can't wait 6 in the rare event it is actual love.

[ethelmertzrules]

09:00 AM on 04/04/2012

I agree and don't personally like the dynamic of such a relationship, but if the student is 18 I don't think anyone should have to go to jail over it.

[tips8533]

04:26 PM on 04/02/2012

the court made a good decision. they are both adults. get over it.

[ianwfirestone]

06:38 AM on 04/02/2012

While a teacher-student affair might not constitute statutory rape if both are over 18, having teachers convey to their students, or entertain from them, sexual advances undermines a number of things: (1) the students' comfort (many students do NOT welcome romantic interest from teachers); (2) the perception of fairness by the other students (one will be favored in spite of his/her performance); and (3) the integrity of the institution offering educational services. In any state run or managed institutions a teacher-student relationship is entirely inappropriate, and I see the wisdom in having a statute. Yes, I know a small percentage of students are open to it, but for the rest, and for the balance of the classmates, its effects can be demoralizing and traumatic.

[ethelmertzrules]

05:16 PM on 04/02/2012

Good points. It's not what I would consider and ideal relationship, but it is rightfully legal.

[thegriffinite]

05:09 AM on 04/02/2012

I agree with the courts decision that adults should be treated as such, but teachers have a moral obligation that comes with the job an that includes not sleeping with your students. In other words just because you can do something doesn't make it right or acceptable.

[Gail Katherine Lightfoot]

06:38 PM on 04/01/2012

ABOUT TIME. Does any one know that there was a time when people married quite legally at 12 and 13? To men 2 or 3 times their age? Look at each and every case of adult child relationship carefully rather than give a knee jerk reaction assuming the older of the two is a predator. If our children know and trust us enough to tell us the truth, we can then make wise decisions regarding their behavior and the behavior of any one forming a relationship with them, sexual or otherwise.

[acumenguy]

10:21 AM on 04/01/2012

Are the 18 year old's parents o.k. with this?

[Objection21]

12:13 PM on 04/02/2012

She is 18 years old..and adult who can go to war...their opinion is irrelevant!

[Fenrir Lokison]

07:34 PM on 04/02/2012

What do you do if that 18 year old, gets pregnant or gets the teacher pregnant and she wants to keep that child?

Should that older female teacher be allowed to sue that 18 year old man for child support?

[ethelmertzrules]

05:16 PM on 04/02/2012

Doesn't matter.