To date, there have been many cases where female teachers engaged in sexual relations with young boys. In some cases the teachers have been arrested and charged with sexual abuse, a felony in many states punishable by twenty years in prison and a fine. Sentences in various states differ. In a New York State case, the judge sentenced a female teacher who was sexually involved with a sixteen year old boy to six months in jail. The question in these cases is the age of consent. Canada and in most of the European countries place the age of consent at fourteen years. Psychologists have raised the question whether something should it be illegal if it is enjoyed and outdated laws based on moral notions and developmental notions may require change. The Judge in the New York State case stated to the teacher that the boy was a victim in a strictly legal sense but he was not victimized by the teacher in any sense of the word. The Judge went on to say “When a woman faces prison the question arises as to where to set the age of consent.” Abuse suggests harm and the term should not be used if there is consent and no harm. In determining whether there was consent and no harm would it not be rational and fair that prior to commencing a criminal trial against a teacher for sexual abuse, the boy be given a psychological evaluation to determine whether the boy consented to the sexual relations and whether the boy was harmed. There is a debate between psychologists as to whether a crime was committed when there was consent and no harm. If there was no consent and harm the teacher should be prosecuted as a first time offender but should be offered a conditional discharge as punishment; providing for a fixed time of probation, a time for community service, and a submission to a psychological sexuality therapy management program. In the State of Colorado the female teacher was sentenced to thirty one years for having sex with teenagers and providing drugs and alcohol.

In a Florida case a teacher was charged with having sex with a fourteen year old boy. The boy refused to testify.

In sexual abuse cases where a boy received money or other things of value for sexual favors, would that not be considered as prostitution on the part of the boy?. It is believed that a Florida school teacher was allowed to plead guilty to a lesser charge by reason the boy refused to testify. The Florida Court imposed a harsh sentence upon the teacher of three years house arrest and seven years probation. The Florida teacher had a defense by reason the prosecutor could not obtain a conviction without the boy’s testimony. In all sex cases the People must prove that the victim did not consent to the relationship and was harmed. The Florida Court imposed a sentence that was totally irrational and unconstitutional under the 8th Amendment of the Constitution of the United States . Three years of house arrest is tantamount to an abnormal time of solitary confinement in which in the teacher is totally removed from the population. In sentencing the teacher, The Court knew the teacher would lose her license that took years to obtain and lose income. That the teacher would l be subject to the scorn and be vilified by other teachers and other members of her community. As a first time offender, a fair sentence would have been a fine, community service such as tutoring failing students in a supervised setting and submitting to sexual management therapy. The Florida teacher should appeal the sentence on the grounds it was in violation of her Eighth Amendment rights against the wrongful infliction of cruel and unusual punishment. Why should a person be punished when there was no harm committed?

Compare the punishment of the Florida teacher to the punishment imposed on Russell Crowe the academy award winning actor and the punishment imposed upon Vincent Pastore, an actor on the TV Program the Sopranos. Mr. Crowe and Mr. Pastore pled guilty to assault in the third degree. Mr Crowe was let off with a fine of $160.00 as court costs. Mr. Crowe was charged with throwing a hotel lobby phone and hitting the head of the desk clerk resulting in serious injuries. Mr. Crowe received a conditional discharge that provided that if he is not arrested within one year the conviction will be expunged from his record. The basis for this sentence was that Mr. Crowe had no prior criminal record. Mr. Pastore was charged with attempting to kick his girl friend. Mr. Pastore by not having a prior criminal record was sentenced to a fine of $190.00, court costs, probation, ordered to perform community services and submit to a rage management therapy program for six months.

14 year old boys today are far more physically and mentally developed then the fourteen year old boys of fifteen years ago. The teens today are better educated and more mature than the teens of fifteen years ago giving them the ability to make major decisions about their lives.

That the establishment of the age of consent as fixed is an arbitrary and capricious determination without any rational basis for such standard in light of the present maturity an awareness of teenagers on the matter of sex. Certain states permit the marriage of sixteen year old females. Teenagers are tried as adults when they commit certain crimes.

It is recommended that the states fall in line with Canada and European countries and establish the age of consent at fourteen years.