Sexual Assault charges dismissed for teacher accused of having sex with student; plea to non-sexual offense keeps client out of prison and off the Sex Offender Registry (2019)

Defense Counsel:

Charges: Sexual Assault

State’s Case:

Client was a high school teacher, accused of having a sexual relationship with an 18-year-old male student. Client resigned from her job, surrendered her teaching certificate, and was arrested and indicted for Sexual Assault. She faced up to 25 years in prison and a lifetime on the Sex Offender Registry.

Judgement:

Through exhaustive legal research and personal interviews with educators, Defense Counsel developed an argument that Client’s alleged conduct was not a crime. Sexual Assault required proof that the accused teacher had supervisory or disciplinary authority over the victim student. Here, Client had no authority over the alleged victim, because he was not one of her students, and because, as educator witnesses asserted, teachers have virtually no authority over students outside their own classes. Defense Counsel prepared to file a motion to dismiss the Indictment on this issue, and prepared to take the fight to the Court of Appeals if necessary.

In the meantime, Defense Counsel obtained extensive background information about Client and her family. Everything showed that Client had impeccable character and was well loved and respected in her community. She and her family obtained nearly 50 character letters that spoke the truth about who she was, and why these allegations were not consistent with that.

Defense Counsel had Client get a psychological evaluation and psychosexual risk assessment, which proved she had no significant psychiatric or behavioral problems and no problematic sexual interests. Defense counsel also had Client enroll in counseling and treatment that focused on boundaries and judgments.

Defense Counsel presented all the foregoing to the prosecutor, who ultimately agreed to dismiss the Sexual Assault Indictment, re-charge Client with a non-sexual offense, and consent to First Offender, with no Sex Offender Registry and no prison. Client was sentenced to 90 days in the local jail, followed by probation. As a First Offender, Client does not stand convicted of a crime – upon completing her sentence, Client’s case will be discharged, and there will be no conviction on her record.