Teacher Sex Statute Constitutional, Judge Rules
Last updated Wednesday, September 10, 2008 7:54 PM CDT in News
By Robin Mero
THE MORNING NEWS
BENTONVILLE -- A judge on Wednesday upheld a law that prohibits a teacher from having sex with a student, even when the student is an adult.
Melissa Monroe, 33, is charged in Benton County Circuit Court with second-degree sexual assault and four misdemeanor counts of knowingly furnishing alcohol to a minor. She faces up to 20 years in prison if convicted of having sex with one of her math students on his 18th birthday.
Benton County Circuit Judge David Clinger denied her attorney's request to find the law under which she is charged unconstitutional.
Arkansas law protects the privacy of adult citizens in their consensual sexual behavior, even beyond protections under the U.S. constitution. The Arkansas Supreme Court affirmed those rights in a 2002 ruling.
To infringe upon that right to privacy, the state must have a compelling interest. Clinger agreed with Deputy Prosecutor Joni Rose that the state has a compelling interest to maintain orderly, safe learning environments in schools.
"We all have certain rights we surrender when we take certain positions, such as a teacher -- a position not only of authority but influence," Clinger said. "The Legislature was also trying to protect everyone who might be exposed to the relationship between a teacher and her lover, so to speak ... which could confuse, demoralize, and disturb -- or distract -- other students."
Monroe was not present for Wednesday's hearing. Clinger set a status hearing for the case at 1:30 p.m. Nov. 10.
Monroe, a married woman from Bella Vista, was arrested in February after confessing to another teacher she had sex with the boy in her home while her husband was out of town, according to court documents. She apparently believed the sex was legal, based on a text message she sent the fellow teacher. She was later terminated by the Bentonville School District.
Prosecutors charged her with second-degree sexual assault. State law prohibits a K-12 teacher from sexual contact with any student enrolled in the same school who is younger than 21.
Defense attorney Alan Lane argued the sexual assault law is unconstitutional because it criminalizes behavior that is protected.
"These are two consenting adults. The schools have every right to terminate (employment). There are other deterrents besides criminalizing this activity," he said.
Lane also argued the statute is unconstitutional because it arbitrarily limits the illegal behavior to K-12 teachers. "It ignores others such as a principals, counselors, prekindergarten teachers, athletic coaches, librarians. They are similarly situated to have access, contact and interaction with students. They should be treated the same and shouldn't be singled out," he said.
Rose argued that sex between a teacher and student is coercive and never consensual.
"A teacher teaches and guides and is somewhat a parental figure. Students cannot consent. If this type of behavior is allowed, that conducive learning environment is essentially out the window," Rose argued.
Reader Comments (11 comment(s))
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ozarks wrote on Sep 10, 2008 5:31 PM:
ironfortified wrote on Sep 10, 2008 10:10 PM:
justalocal wrote on Sep 11, 2008 9:07 AM:
justinnkim99 wrote on Sep 11, 2008 11:33 AM:
I dont buy the sexual assualt stuff...he was old enough to know what he was doing to...I think there should be an age of limitations, oh wait..18 is..they are an adult at that age..
you cant tell me he didn't know what he was doing too..
The teacher shouldn't have done it either, but he new what he was doing...
it's sad..but the truth... "
mexameri_citizen wrote on Sep 11, 2008 11:59 AM:
Man we can't leave our kids in school now because we can't have confidence on the teachers anymore I'm tired of this I think we should all do something about this "
justalocal wrote on Sep 11, 2008 1:39 PM:
Of course the 18 year old knew what he was doing... and for him it was a legal act, he wasn't a teacher having sex with a student. "
triumph110 wrote on Sep 11, 2008 7:01 PM:
catqueen wrote on Sep 11, 2008 8:26 PM:
91151 wrote on Sep 12, 2008 8:44 AM:
spun gold wrote on Sep 12, 2008 9:51 AM:
I agree the teacher crossed the lines as far as her job, her wedding vows and her integrity. I don't agree that it was a crime. "
Not already registered?
ironfortified wrote on Sep 10, 2008 4:11 PM: