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. . . .
I do think that teachers who engage in sex with students, no matter how consensual, should be removed from their jobs and barred from teaching unless they prove that they have completed rehabilitation. But the utter hysteria with which society responds to these situations does less to protect children than to assuage society’s need to feel that we are protecting them. . . .
I’ve been a 14-year-old girl, and so have all of my female friends. When it comes to having sex on the brain, teenage boys got nothin’ on us. When I was growing up in the 1960s and ’70s, the sexual boundaries between teachers and students were much fuzzier. Throughout high school, college and law school, I knew students who had sexual relations with teachers. To the best of my knowledge, these situations were all consensual in every honest meaning of the word, even if society would like to embrace the fantasy that a high school student can’t consent to sex. Although some feelings probably got bruised, no one I knew was horribly damaged and certainly no one died.
On the other hand, awareness of sexual harassment was also much lower. Pretty much every woman I know has been sexually harassed in at least one, and usually many, of her jobs and/or academic settings. I was fired from a waitressing job in Boston in 1979, during my first year of law school, after I refused to sit in the manager’s lap like the other girls. I would have much rather seen that sleazebag dragged through the legal system than certain teachers I considered friends despite their sexual relations with students that today would land them in jail.
The point is that there is a vast and extremely nuanced continuum of sexual interactions involving teachers and students, ranging from flirtation to mutual lust to harassment to predatory behavior. Painting all of these behaviors with the same brush sends a damaging message to students and sets the stage for hypocrisy and distortion of the truth. Many teenagers are, biologically speaking, sexually mature. Pretending that this kind of thing won’t happen if we simply punish it severely enough is delusional. If anything, to return to Louis C.K., the indiscriminate criminalization of such situations may deter students struggling with sexual issues from seeking advice from a parent or counselor.
If religious leaders and heads of state can’t keep their pants on, with all they have to lose, why does society expect that members of other professions can be coerced into meeting this standard? A more realistic approach would be to treat violations in a way that removes and rehabilitates the offender without traumatizing the victim. The intensity of criminal proceedings, with all the pressure they put on participants, the stigma, the community and media scrutiny, and the concurrent shame and guilt they generate, do the opposite of healing and protecting the victim. Laws related to statutory rape are in place to protect children, but the issue of underage sex, and certainly of sex between students and teachers, may be one in which the law of unintended consequences is causing so much damage that society needs to reassess.
So she wants to crack down hard on sexual harassment–see, there remain some taboos–but allow sexual intercourse between teachers and minors.
Go ahead and read her whole column. She talks about that recent case in which the rapist of a 14 year old got only 30 days in jail while the victim committed suicide and somehow tries to make that support her argument. She quotes a comedian: “Maybe child molesters wouldn’t kill their victims if the penalty weren’t so severe.” Does her argument have any credibility, or does her very argument demonstrate how wrong she is?
At any rate, since adolescent sex has become widely accepted as inevitable and, in fact, has become a staple of our pop culture, watch for efforts to lower the age of consent.
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