A story of crime (?) and punishment (!)

By: Pulat Yunusov · August 2, 2009 · Filed Under Criminal Law · 5 Comments 

If a teacher and a student fall in love and have a consensual sexual encounter, should the teacher go to jail for 10 years? What if the student is of the age of consent? What if both of them are female? This is a real case: a trial court in Georgia convicted a woman of sexual assault on her female student and sentenced the teacher to 10 years in jail plus 5 years of probation. The court rejected the consent defence. Although, the Georgia Supreme Court overturned the trial court on this point, the real possibility of 10 years in jail for an encounter with an of-age student lover is shocking. It does not serve the state interest in protecting children, places a disproportionate burden on teachers, and is possibly in this case a product of homophobia.
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