Teacher Gets 2 Years For Having Sex With Student

[OhioChick]

POSTED: 3:47 pm EDT March 12, 2008
UPDATED: 4:02 pm EDT March 12, 2008

CLEVELAND -- A former Lakewood High School English teacher and soccer coach was sentenced Wednesday to two years in prison.

William Rabel, 30, pleaded guilty to 10 counts of sexual battery. Investigators said he had a sexual relationship with a 17-year-old female student.

Rabel has also been classified as a tier III sexual offender.

http://www.newsnet5.com/news/15577120/detail.html

Why is there a double standard (penalties) male vs. female teachers when it comes to the same crime?
Debra Lafave comes to mind....Just seeing a double standard lately.

[devilgrrl]

1. There's a double standard because sexually active boys are studs and girls are sluts.

:popcorn:

[lumberjack_jeff]

8. If the law establishes unequal treatment, it can only be for one of two reasons.

1) boys are not entitled to equal protection
2) boys and adult female teachers are a peer or near-peer relationship. What does this imply about the relationships between women and men?

[TheWraith]

2. It's because it's assumed that men always want sex.

And that sex can never be a bad thing for boys. A teenage boy who receives the sexual attention of an older woman is perceived as "lucky" while if the genders were reversed the girl would be seen as a victim. This stems out of a larger underlying assumption when it comes to sex crimes that males can't be victims: boys can't be molested, men can't be raped, etcetera. It's patently false, but it's there.

That said, in my opinion there's a whole lot of grey area when it comes to older teenagers. A 17-year old, male or female, isn't exactly a helpless or clueless child. Without knowing the specifics of the case, there's no way to say whether the adult took advantage or if this is a case where nobody would have had grounds for complaint if the teenager had been a year older. Just because it's illegal doesn't mean that it's necessarily harmful, or that even if it were a little, the reality of having the other person arrested, tried, and imprisoned for it wouldn't be far more hurtful to the younger party.

Without knowing more, we can't tell if they saved this girl from a predator or imprisoned her lover and traumatized her for life.

[OhioChick]

3. This made it on the local news here...

Apparently, the 17 year old girl was having an affair with this teacher, told her friends which in turn alerted school officials.

[LSdemocrat]

4. What the heck makes this sexual battery? She's 17!

[OmmmSweetOmmm]

5. This doesn't make sense. The age of consent in Ohio is 16.

http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#Ohio

Ohio

The age of consent in Ohio is 16 as specified by Section 2907.04 of Ohio legislation. However there exists a close in age exception where an offender can be charged only if 18 years of age or older. However in that case, it is possible for both minors to be charged as "unruly" if brought to court {§ 2151.022}.

2907.04 Unlawful sexual conduct with minor.

(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. {§ 2907.04}.

[lumberjack_jeff]

7. Because he's her teacher, he's in a position of authority.

I know of a local teacher who was convicted of a felony for having sex with an 18 year old student.

[petronius]

11. Ohio's sexual battery law also includes this:

(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:
...
(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.
...
(B) Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree.

[OmmmSweetOmmm]

16. Thanks for the clarification.

[Peace Teacher]

6. The trust given to teachers should never be broken.

[LWolf]

17. That's the key point. Thank you,

and welcome to DU. :hi:

[Ravachol]

9. Still, I hardly understand why he was charged...

It's unethical to have sexual relations with one of your students, that's a given. There still should be other solutions for such a problem. Firing him from his position, even barring him from teaching nationwide for a year or two, for example.

He lacked judgment. But he did nothing criminal and it was obviously a two-sided consenting relationship.

Sex shouldn't be criminalized that way. This guy is no criminal. Elsewhere in the World, he would have been fired at worst.

[mamre11]

10. What about the CHILD?

Regardless of the law, I am sure many of you would agree that 16-18 year olds are not the most rational, intelligent decision makers. The girl was still a child who was enticed and manipulated by a person she trusted and respected. I am sure the teacher had a much broader sexual history and knowledge in addition to his position and age. All those factors create an imbalance of power which is the epitome of sexual assualt/ abuse. While the girl may have verbally consented and seemed like she wanted it, she was not in a position to make that decision nor should she have been. Recent studies of the juvenile brain state that the child's brain is not fully developed and rational until mid 20's. No wonder we all did so many stupid things in college :)

[Ravachol]

12. I would not agree, sorry.

By 17, you're supposed to make your own choices and stand by them. This was a consenting affair between a 30 year old man and a 17 year old woman. Yes, a woman. Infantilizing them will just make them dependent and manipulative in turn, knowing they can use their age as an excuse. By 17, you ought to know what you're doing and, if a teacher is trying to seduce you, you can talk with him or report him if it goes too far.

I'm not saying there isn't any imbalance of power: I'm saying there was nothing criminal in their relationship. Improper? Hell yes. Should have he been fired and barred from teaching for a year or two so he can think twice next time before going out with one of his students? Absolutely.

But he didn't coerce her into having an affair with him. It wasn't just one time and she was even bragging to her friends about it all. Doubt she was much of a victim in this case.

I also find the whole "juvenile/child brain" pretty patronizing. In most countries, you're an adult when you reach 18. She was 17. She ain't no child and shouldn't be treated as such. We have laws for consenting sex and they should be applied.

[jberryhill]

13. There are plenty of adult-adult sexual relationships which are illegal

Instead of a teacher, what would you say if he was her therapist, or her lawyer?

[TheWraith]

14. You're assuming facts not in evidence.

We have no reason to presume that the girl was "enticed and manipulated," and a 17-year old is not a child. Someone that age is expected to be able to behave in a reasonably rational manner. Not saying that everyone does, but then you can't say that about 18 year olds, or 28 year olds, or 80 year olds. Nobody acts rationally all the time.

To make assumptions in this case is unwise. We don't know that the pair weren't soul mates, any more than we know whether there was manipulation or exploitation on the part of the teacher. Without facts, making any kind of judgement is premature.

[jberryhill]

19. That's why most states categorically criminalize...

...situations in which any partner has legal authority over the other.

The law requires unemancipated minors to attend school. Opening up a can of worms over whether, say, a prison guard and an inmate are having a consensual relationship is just too much to ask of the state.

Discussing the rationale for the law is distinct from discussing who-shot-whom in any particular situation.

The "facts in evidence" are clear - the relevant state law forbids teachers from engaging in sexual relations with students. Every teacher knows it, and teachers who willfully violate the law are not entitled to the position to which they have been entrusted. If they want to change the law, then hooray. But until then, they are going to have to shop elsewhere for mates in places other than where they have a legally captive audience.

[Ravachol]

21. Didn't know a mutual relationship between...

A student and a teacher would lead the teacher to jail, legally speaking. I should have known: pretty much everything leads to jail sentences in the US of A.

I was mostly equating jail sentence with being a criminal. And I don't see why this man should be treated as such, in this case. It's mostly a lapse in judgment, a problem of ethics. Like I said, it could have been solved by simply barring him from teaching for a year or two. He's no "sexual offender" and doesn't deserve the jail time, IMHO. No one suffered while the relationship went on, as far as we know.

[jberryhill]

22. No one was hurt when I broke the speed limit last week either

It's not a question of whether anyone was hurt in any particular circumstance.

I can drive safely at 80 MPH. We've made a group decision, though, that the *risk* associated with that speed is not acceptable.

There is not a teacher alive in any state that does not know the specific law applying to age of consent and whether there is an over-riding "position of authority" section.

That "position of authority" is used as a catch-all to cover - foster parents, legal guardians, adopted children, prison guards, mental health professionals, and yes teachers.

If you go to a "we need to evaluate each individual situation" then teachers have a green light to try to seduce their students AND vice versa. Those relationships - even where consensual - are disruptive to the educational environment of a high school.

When I was in high school, it was rumored that one of our teachers and one of the students had a mutual attraction. AFTER the student graduated, the teacher and the student did marry and live happily ever after. That's fine. I really don't know what, if anything, went on before graduation, but the point is that part of accepting the responsibility of being a teacher in the public education system is that the citizens of that state are entrusting you with authority over their children, and they don't expect it to be a pick-up opportunity on either side. Along with accepting that job, you absolutely know the rules, and have to decide in advance that you are not going to go there.

Alternatively, the teacher can do the honorable thing, and seek a transfer to a different school or some other employment, if the relationship is that important. But what the teacher can't do is have sex with a student in the school where that teacher is employed.

[Ravachol]

23. Read again, I didn't say it was the proper thing to do...

I was all for a form of punishment. I just find this jail sentence particularly excessive, considering it was a mutually consenting between a 17 year old woman and a 30 year old man. I don't think going to jail or being labeled a "Sex offender" will help him much. Barring him from teaching for a year or two, OTOH, could have made him think twice about engaging in sexual relationships with his soon-to-be adults students. He made a mistake and his mistake didn't put anyone in danger or hurt anyone, just like your speed limit example. There was no accident or reckless driving, here. He just made an error of judgment, I don't think he deserves to go to jail. Nor that it will help him become a productive member of the society.

My two cents on this.

[Yukari Yakumo]

24. Here's your answer...

Age of consent in Ohio is 16. In the eyes of the state, she is not a child.

[pfitz59]

15. Positional Authority

Good order and discipline. Favoritism...etc etc
It's not the sex, it's the relationship! She can be the hotty from all hotties, but so long as he's her teacher the boinking must be delayed! Stupid teacher......

[LeftishBrit]

18. In the UK, it is not strictly illegal for a teacher to have an affair with a pupil over 16...

though it would render the teacher liable to disciplinary action and loss of job.

Chris Woodhead was our first director of OFSTED, and essentially the person who introduced the British equivalent of NCLB. He was a powerful right-wing influence on education under the last Tory government, and then under Blair and his far-right nominally-Labour Education Secretary David Blunkett. Like many right-wing back-to-basics types, he has had a rather colourful personal life himself. He came under fire when his ex-wife alleged that as a teacher, he'd had an affair with a pupil. He admitted the affair, but insisted that it had only begun after she'd left school and ceased to be his pupil. Shortly after that, he was involved in a discussion among educationists, where he was asked his opinion of possible legislation to ban teacher-pupil affairs, and he argued that such affairs could sometimes be 'educative'(!) We kept expecting him to introduce that as a compulsory part of the National Curriculum, with a standardized test to go with it!

[mamre11]

20. That's pretty funny.... It's amazing what individuals will do to justify themselves.

While the girl in this case may have needed a sexual education.... He wasn't the one to teach her :)