Updated on April 19th, 2023

Teacher Has Sex with Students

The modern meme for teachers having sex with their students is sex teachers (sex-ed teachers). Teachers having sex with students is uncommon. A teacher who has sex with students will probably result in a lawsuit by the students for millions of dollars.

Brad Nakase, Attorney

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Student-teacher sex fantasy is not only by a young male student. There are many female teachers dating students or having sex with students; likewise, there are many male teachers who have sex with students. It is not illegal in all states for teachers and students to have sex.

If you or someone you loved had sex with a teacher and want to know your rights, please me for a free consultation. You may be entitled to $1,000,000 or more for, among other things, emotional distress.

All communications are 100% confidential. Call: 888-600-8654 or EMAIL.

Statutory Rape Laws

In California as in many states, it is unlawful for a person 18 or older to have sex with a person under 18 years old. This includes teachers having sex with their students. A teacher having sex in school with a student under 18 years old is considered statutory rape. In addition, a teacher’s lewd act with a student is also illegal. In California, it is illegal to perform any lewd or lascivious act on a child under 14 years old.

Attorney Brad Nakase handled cases involving teachers sleeping with students. If you have questions or concerns about male or female teachers dating students or having sex with a student, Brad is available for a free consultation. In many cases, a student is entitled to millions of dollars when a male or female teacher sleeping with student.

Attorney Brad Nakase handled cases involving teachers sleeping with students. If you have questions or concerns about male or female teachers dating students or having sex with a student, Brad is available for a free consultation. In many cases, a student is entitled to millions of dollars when a male or female teacher sleeping with student.

Most states do not have statutory rape laws. Therefore, it is legal in most states for a teacher to have sex with their students. Table A, below, is a summary of states where a student under 18 years old can legally consent to sex including teachers sleeping with their students. Credit: This table was originally posted at the US Department of Health and Human Services, statutory rape guide.

Teacher-Student Sexual Activity

In many states, it is not considered a crime for teachers to have sex with students to be engaging in sexual activities with the students.

Once a child is 14 years of age, it is legal for school employees (teachers, sports coaches, bus drivers, etc..) to sexually touch the student with their ‘consent’ in a non-penetrative way. And, once the child turns 16 years of age, it is legal for these adults (teachers, sports coaches, bus drivers, etc..) in positions of authority to have sexual intercourse with the students, with their ‘consent’.

Concerned parents have expressed strong opposition to these laws and reached out to their states’ representatives. Any teacher having sex with their students creates an environment that is predatory.  Concerned parents requested that their legislatures make it illegal for teachers to have sex in school with students.

Is a School District Liable for A Teacher Having Sex with A student?

Plaintiffs, a student and her parents, filed suit against defendant school district, seeking damages for injury sustained as a result of several years of a district teacher‘s molestation of the student. After a jury trial, the Superior Court of Orange County (California) entered judgment awarding damages to plaintiffs. (Case: Steven F. v. Anaheim Union High School Dist., 112 Cal. App. 4th 904)

When the student‘s parents discovered that the student, who had just completed her junior year in high school, had been engaged in a sexual relationship with a district teacher for over a year and that molestation occurred before that, the parents sought damages for their resulting emotional distress. On appeal, the court reversed the jury verdict awarding damages to the parents. The court held that the school district could not be held vicariously liable for the teacher‘s sexual misbehavior with the student absent evidence of its own direct negligence in hiring and supervising the teacher. There was no evidence of such negligence in the instant case. The teacher‘s close relationship with the student was a secret to all except the two and was only discovered when the mother found letters in the student‘s closet. The district had no knowledge of prior incidents that would have prompted greater scrutiny to the teacher‘s behavior, and the teacher and student‘s public interactions were ambiguous. Even assuming such negligence, the parents could not recover because their emotional distress was only a consequence of the student‘s sexual relationship and was not concomitant to it.

In Los Angeles County, defendant teacher was arrested under Cal. Penal Code § 647 of soliciting anyone to engage in or engagement in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. Charges were never brought. Based on the arrest and defendant’s conduct leading to the arrest, plaintiff school board sought to dismiss defendant under Cal. Educ. Code § 13403(a), (e). The superior court ruled in favor of defendant, reinstating him with backpay. The court affirmed, noting that the charge of immoral or unprofessional conduct, § 13403(a), previously had been deemed unconstitutionally vague and overbroad. Under the remaining charge of unfitness for service, § 13403(e), substantial evidence supported the finding that defendant was not unfit to teach. Defendant’s education, training, experience, and evaluations indicated competence. Psychological evidence supported the conclusion that defendant would not harm students or teachers. Defendant was not convicted of a sex offense which would preclude a hearing under Cal. Educ. Code § 12910.

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