The unintended consequences of laws addressing sex between teachers and students

Betsy Karasik

There is a painfully uncomfortable episode of "Louie" in which the comedian Louis C.K. muses that maybe child molesters wouldn't kill their victims if the penalty weren't so severe. Everyone I know who watches the show vividly recalls that scene from 2010 because it conjures such a witches' cauldron of taboo, disgust and moral outrage, all wrapped around a disturbing kernel of truth. I have similar ambivalence about the case involving former Montana high school teacher Stacey Dean Rambold. Louie concluded his riff with a comment to the effect of "I don't know what to do with that information." That may be the case for many of us, but with our legal and moral codes failing us, our society needs to have an uncensored dialogue about the reality of sex in schools.

As protesters decry the leniency of Rambold's sentence -- he will spend 30 days in prison after pleading guilty to raping 14-year-old Cherice Morales, who committed suicide at age 16 -- I find myself troubled for the opposite reason. I don't believe that all sexual conduct between underage students and teachers should necessarily be classified as rape, and I believe that absent extenuating circumstances, consensual sexual activity between teachers and students should not be criminalized. While I am not defending Judge G. Todd Baugh's comments about Morales being "as much in control of the situation" -- for which he has appropriately apologized -- tarring and feathering him for attempting to articulate the context that informed his sentence will not advance this much-needed dialogue.

Posted by Jim Zellmer at September 7, 2013 12:42 AM
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