Teacher Fights Sex Statute: Says Relationships With Students Over 16 A Privacy Right
A former high school teacher facing sexual assault charges says his arrest on suspicion of having sexual relations with a student violates a fundamental right guaranteed by both the state and federal constitutions.
Yeah, I know; another “teacher boinks student” story. Yawn…. Talk about another variation on a recurring theme, eh? Except this one really is a variation on that tired, sick story. What we have here is a male teacher who is claiming that he actually has a right to privacy when it comes to schtupping his students, WTF?
Under Connecticut statute, it’s a crime for a teacher to have sex with a student, even if that student has reached the age of consent, which in Connectiicut is 16. Glasser is claiming that this statute infringes on his constitutional right to privacy, which he claims allows him to have sex with another consenting adult. Well, I’m no lawyer, but something stinks with this argument, even though I wouldn’t be at all surprised if Glasser’s attorney ultimately succeeds with this gambit. After all, it’s not as if Glasser has anything to lose. If convicted, he will be permanently branded as a sex offender (not the he doesn’t deserve it), and he’ll do some jail time. Why not pull out all the legal stops, right?
The problem I have with Glasser’s legal argument is that his attorney is laying the framework for justifying a teacher having sexual contact with a student. In no shape, manner, or form can this be considered a good thing. Yes, the age of consent in Connecticut may be 16, but in no way is a teacher-student relationship that of adult equals. If a male teacher were to have a relationship with a 16-year-old girl who happened not to be a student at the teacher’s place of employment, some eybrows might be raised, but it wouldn’t be a legal issue. The Connecticut statute recognizes that a teacher-student relationship is fundamentally different, though, and in this sense Glasser is certainly guility of abusing his position for his own sexual gratification.
“We believe that the statute infringes on a fundamental right to sexual privacy and therefore does not hold up under constitutional scrutiny,” said Jeremy Donnelly, one of Glasser’s lawyers.
Glasser is facing eight counts of second-degree sexual assault, a felony with a minimum mandatory sentence of nine months. The statute was drafted, in part, to prevent teachers and others from taking advantage of their position. Advocates for such laws argue that because teachers have so much sway, students are not truly able to consent.
But in the legal brief challenging his arrest, Glasser - while not admitting he had sex with the student - contends that the statute is inconsistent with years of legal precedent upholding the constitutional right to privacy.
The brief, which has yet to be argued before a Superior Court judge, contends that privacy rights cannot be infringed upon unless there’s a “compelling state interest” in doing so; The brief goes on to say that the statute falls short of defining such an interest. A similar motion in the case of a New Haven teacher is pending before the state Supreme Court.
Again, I’m not an attorney, so I’m not going to parse the letter or spiriit of the statute in question here. What I do know, however, is Glasser’s behavior is just plain wrong, and he should know that. No self-respecting teacher would sexually abuse a student under their charge in any fashion, if for no other reason than it goes against everything the profession of teaching stands for. I was a teacher for two years when I was right out of college, and during my second year, I found myself in a situation in which teachers slept with students, and the school’s headmistress was also sleeping with one of the teachers who was also sleeping with students. The faculty’s morale was lower than a snake’s belly, and it made for a miserable year. It was also the single biggest reason I left teaching permanently.
Nothing good can come from breaching the boundary separating teacher from student. When this relationship goes from one of responsibility and learning to that of sexual equality and the exchanging of bodily fluids. something has gone horribly wrong, and nothing good is going to come out of it.
I sincerely hope that Glasser’s motion is denied, and I hope that he’s held criminally culpable for his actions. In some jurisdictions, what Glasser did is referred to as “contributing to the delinquency of a minor”. I can’t think of a better way to describe it, and in my mind, that is exactly what Glasser is guilty of. Perhaps some hard time in a prison jumpsuit might give him the opportunity to consider the unprofessionalism and immorality of his actions. Teaching is about helping young people gain the knowledge and skills necessary to become successful, contributing adults. It’s not an escort service.
