Can I Be Charged if My Student Consents to a Relationship?

 Posted on October 28, 2024 in Criminal Defense

Romantic relationships between teachers and students are frowned upon by many educational institutions and states. Texas law is strongly opposed to sexual relationships between certain teachers and students, making them a criminal offense. Still, surveys report that as many as 10 percent of students report having sexual relationships with teachers, and 13 percent of educators report having them with students. If you are an educator accused of an improper relationship with a student, contact a Texas criminal defense attorney to begin building your defense right away.

What Is the Law About Relationships Between Teachers and Students?

Section 21.12 of the Texas Penal Code forbids sexual relationships between students and employees of primary or secondary schools. This means that any teacher, assistant, secretary, coach, janitor, or administrator in a primary or secondary school who has sexual contact or intercourse with a student is guilty of a crime. The law even covers students who are enrolled in the same school district where the employee works. It makes no difference if the student consents to the relationship or is at least 17 years old, which is the age of consent in Texas — it is still a criminal offense.

What Are the Legal Consequences of Having a Sexual Relationship With a Student?

A primary or secondary school employee who has a sexual relationship with a student can face both criminal and civil consequences, including:

• Criminal penalties: Violating the law on improper employee-student relationships is a second-degree felony, which carries between two and 20 years in prison and a fine of up to $10,000. If the student is a minor, the employee can also be charged with statutory rape and other related crimes.
• Professional discipline: If a teacher is caught having a sexual relationship with a student and is reported to the Texas Board of Education, his or her teaching license may be suspended or revoked.
• Impact on career opportunities: A school employee who has been accused of having a sexual relationship with a student will likely find it difficult to obtain future employment in schools.

How Can I Defend Against an Improper Relationship Charge?

Texas law lists two possible defenses against a charge of having an improper relationship with a student:

• The student was the teacher’s spouse at the time.
• The employee is no more than three years older than the student, and at the time of the incident, was in a relationship with the student that predated his or her employment.

 It may also be a defense that the employee did not know the other party was a student.

Contact a Denton County, TX Criminal Defense Attorney

Having an improper relationship with a student is a serious offense that can result in many years in prison. Protect your rights and your future by contacting Magaña & Van Dyke. Our attorneys are highly experienced in criminal defense law and are committed to giving you the best legal defense possible. Schedule a free consultation with a Cooke County, TX improper relationship defense lawyer today by calling 940-382-1976 now. Spanish-speaking attorneys are available.