The piece ignores one of the primary reasons why sex between an adult teacher and an underage student is a crime — the tremendous power gulf between the two parties.
Originally published on ThinkProgress
by Ian Millhiser
After Montana Judge Todd Baugh sentenced a 49 year-old school teacher to just 30 days in prison for the statutory rape of a 14 year-old student — a student who subsequently committed suicide — most people who learned of the story reacted in outrage. The editors of the Washington Post’s opinion page, by contrast, decided to respond to this incident by publishing a piece arguing that the teacher’s actions shouldn’t even be a crime — nor should nearly any of what the piece labels as “consensual sexual activity between teachers and students.”
A major thrust of the author’s argument (which we will not link to out of concern that the Washington Post chose to run this piece in a misguided effort to drive traffic to its webpage) is that the very existence of sex between teachers and students suggests that such sex should not be criminalized. According to the piece’s author:
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. . . .
Don’t like ads? Become a supporter and enjoy The Good Men Project ad freeThe 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.
It is certainly true that statutory rape laws have not eliminated sex between teachers and underage students. It is also true that murder laws have not eliminated homicide. That is not an argument for decriminalizing murder.
Moreover, the piece ignores one of the primary reasons why sex between an adult teacher and an underage student is a crime — the tremendous power gulf between the two parties. Even beyond the gulf that often exists in statutory rape cases, teachers wield tremendous authority over students. They have the power to discipline students, to detain students (that’s where the word “detention” comes from), and often to suspend students based on their mere word given to a school official. In the district where I taught, I briefly had the power to literally beat a student with a wooden paddle (a power I never used). The policy was changed to require my school’s dean of students to administer corporal punishment, but he was naturally inclined to side with teachers who asked him to paddle a student. And, of course, all of this ignores the power teachers have over the students in their classrooms to set their grades — a power that can potentially shape the remainder of the student’s future.
Asking public servants entrusted with these awesome powers to not use their charges as a vehicle for their own orgasms is hardly an unreasonable request. Nor should a person who violates this trust be treated as anything other than a serious criminal. Teachers can limit their sex partners to the vast universe of people in the world that they do not wield authority over, and the law generally presumes that they have taken advantage of their power when they choose to do otherwise.
The Washington Post opinion page’s decision to publish this piece is the latest in a series of questionable editorial decisions by that paper. Most recently, the paper published two pieces by its regular columnists arguing that George Zimmerman “understandably suspected” Trayvon Martin of being a criminal “because he was black” and that racial profiling is “common sense.”
Just a reminder that this was the opinion of a reader. This is the view of the Post’s Editorial Board:
http://www.washingtonpost.com/opinions/a-montana-judge-should-never-hear-another-case/2013/08/29/b12058ca-10de-11e3-85b6-d27422650fd5_story.html
Hi In my city we have a center against incest. They define incestiuos relations broadly,and a teacher having sex with an underage student fall under this definition of incest even if the two they are not family. And of cours teachers have to stay away from older students as well,just prison guards do not sleep with inmates,doctors do not have sex with patients, psychologist and psychiatrists will loose their lisens if they have sex with or have romantic relations with patients. Their career will be over! And to say that those laws are a result of feminism show ignorance. My… Read more »
My guess is Assman is a troll. I think the screen name is a giveaway there!
Hi Joseph No Assman is real. He is probably a young non Western man. I just hope he will tell us in which country he lives, his ethnicity and his religious background. Then new could have an interesting discussion . A close friend of mine grew up in Tunisia. He told me that when he grew up( born 1947) the young learned sex with older members of the family. He was ten years old when a much older cousin ( a woman) had intercourse with him. He told me this was a tradition. I have a feeling Assman belongs to… Read more »
Culture always muddies the waters when trying to work out what the core ethical considerations are in any issues to do with childhood and growing up; people often believe that what happened to them when they were growing up are normal and okay because they happened to them – from corporal punishment, underage sex, genital mutilation, religious indoctrination, bullying; it’s a minority that can say “actually this DID happen to me, and I know it damaged me, which is why I don’t want it to continue to happen to others”. Well that may explain Assman’s attitudes. Although it’s notable that… Read more »
@ Iben
“And to say that those laws are a result of feminism show ignorance.”
I doubt it was feminism, but if it was then score one for feminism.
Hi Joseph
🙂
Assman, you said “Finally if its the tremendous power differential that makes sexual relationships impossible than why are other relationships possible. Why is sex special? For instance teachers do have non-sexual relationships with students due to the fact that they are teachers. But if the tremendous power differential means there is scope for abuse in sexual relationships than what about all the other kind of relationships: as mentors, friends, confidantes etc. Why should any of these relationships not be subject to the same scrutiny.” Use of power for any of what you mentioned, depending on what the adult teacher influenced… Read more »
Anyone who has lived through high school knows that many high school aged girls are far from “innocent” and sometimes will seek out experiences with older men. No, this doesn’t mean that it is acceptable for a teacher to sleep with a student. But I’m more concerned with the effect on grading bias and overall morale of the rest of the school than with some alleged purity of the student. Fact is, not that long ago many people were getting married at 16 or 17 years.
I wish articles like this would take into account the differences of sexual access between men and women in our society. Simply looking at it in terms of age and power differentials overlooks this crucial point. I don’t like having to rely on hypothetical situations for my argument, but I mean, given the choice of sleeping with a minor or going months (even years) without sex, what would you do? A lot of men have no idea when they’re going to have sex again. Prostitution is frowned upon and generally illegal. A lot of men are ashamed of watching porn,… Read more »
Hi Martin You write : ✺”one man, one woman – who’d each slept with 100 people, I’d have different feelings. Not judgment, perhaps, but I’d be more inclined to look at the guy and think he’d put enormous amounts of time and effort into this feat, mental anguish I can’t even begin to fathom, etc., that he’d more or less developed a skill on par, or even more difficult, than becoming an accomplished musician or artist”✺ I can assure you that some of the men that has made love to 100 women or more did not have to work hard… Read more »
Not being able to find a partner of legal age is no excuse to have sex with children. Why is this so difficult to understand? I went four years without sex and never not one time did I even consider having sex with a minor. How on Earth is this acceptable? Men are horny so it’s okay to have sex with kids? You might seriously want to re-evaluate the way you look at children. I would not allow someone with your opinions anywhere near mine and I hope you are never put in charge of the care of children.
@ martin
“Prostitution is frowned upon and generally illegal.”
There is your solution. Make prostitution legal. As for the rest of it let me ask a question. When is it OK to rape a woman? That’s really what it comes down to. When do your needs supersede a person’s reasoned consent? Taking advantage of a minor is no better than taking advantage of a drunk person.
“Simply looking at it in terms of age and power differentials overlooks this crucial point. I don’t like having to rely on hypothetical situations for my argument, but I mean, given the choice of sleeping with a minor or going months (even years) without sex, what would you do? ”
I’d masturbate.
@martin Sad. I’ve felt your pain, and I agree with your assessment about sexual access in our society. It’s always been unfair to men. If you’re shy, and don’t want to use women you’re not particularly attracted to, you’re screwed. Or, you WERE screwed. I must say the internet has made all the difference to me, and I wish it was around when I was younger. And, I agree: prostitution should be legal (would clean up the biz anyway, and generate some revenue). But I still don’t think it warrants expanding your dating pool to include girls that are 40… Read more »
Do you disagree that students are potentially harmed MORE by being dragged through courts, media circus, stigma and shame?
Surely the trauma from this adds insult to injury, rather than help the student.
HELLOOOOO! The author does NOT condone statutory rape. It’s more like the argument for decriminalising drugs. It’s about harm minimisation for the victims.
@ tava
That’s why they have rape shield laws, sealed documents, etc. Why would punishing the offender and protecting the victim be mutually exclusive?
Wow. So much said here. This article simply sucks. What is it when it comes to the topics of sex and rape that keeps people from actually comprehending and thinking clearly? Let me sum up: the author of the Washington Post editorial is simply bringing to light that she thinks consensual sex with a sexually mature teenager is not the capital crime some people seem to think it should be. Because it’s been called “rape;” i.e., painted with a wide brush, people are conflating horrific crimes and punishments with relatively benign occurrences. She indicated that it wasn’t acceptable and deserved… Read more »
@tava congratulations for actually reading the article!
My message to the Washington Post, BULLSHIT!!! As a teacher or mentor you have true power over your student, and it’s one of my CORE beliefs that with power comes responsibility. You are responsible to ‘Keep it in your pants (or keep your panties on)! Yeah, I know teens growing up have sexual fantasies. I was a teen once (a very LONG time ago). That doesn’t make it right for adults to behave in a ‘Predatory’ way! It’s to me anyway, saying that being raped by someone you know (which if I understand correctly is actually the majority of rapes)… Read more »
I agree with you, bobb-,…
The Wash Post article is horrific…
An adult taking advantage of a child is just so sick— ephebophilia, isn’t it? Manipulation, coercion, control, and later sheer terror and physical and sexual violence is what characterized the mentor-student relationship that I remember…
Irresponsible reporting…
@ bobbt I agree. I think some people just forget what it was like when they were younger. I remember going on retreat at a women’s college dorm as a 15 year old. I had a lot of sex and sexual activity that weekend from the college women. It was probably statutory rape in some instances and I’m not defending the women. They should have said no. Archy asked if I felt raped. I didn’t and don’t because I was the aggressor, but there was one instance where a college woman had arranged a sexual encounter with me through a… Read more »
thank you John, for talking about this. So few men do, and so many boys feel that pressure to have sex they don’t actually want. The stereotype that a “real man” wants sex all the time, whenever, with whomever, is very pervasive and influential in their decisions. While not actually rape (except when with an adult and statutory rape), it is definitely not healthy sex. More boys need to hear that it is natural to sometimes want to say no. That grown, healthy men do it all the time.
There are few things I’d lock anyone up for.
“There are few things I’d lock anyone up for.”
Me too. Only 3 things: rape, armed robery and murder.
Scratch that. Armed robery.
The other two – rape and murder, I’d give ’em the death penalty.
If we are criminalizing based on power gulfs then logically the president shouldn’t be allowed to have sex with anyone whatsoever because the power gulf between the president and everyone else is far greater than the power gulf between a teacher and student. Obama should be arrested immediately for having sex with his wife. Definitely Clinton should have been impeached. It is an extremely unreasonable request for teachers not to be able to pursue students because the universe of people you speak of is a ridiculous joke. Teachers spend most of their time in school. Same with most people who… Read more »
“Its great that most men are willing take on this burden because lets face it men are great!”
There are no words that can express my admiration for such altruism.
“It is an extremely unreasonable request for teachers not to be able to pursue students because the universe of people you speak of is a ridiculous joke”
Children are not coworkers you moron.
I have no words, other than I hope to God you’re just a troll.
Hi Anna
He is serious. Just read his comments on other threads about how a women’s no means nothing,and woman are turned on if men simply ignore it and push and push ….when a woman say no to sex.
Assman is an advocate for rape, the way rape is defined in Scandinavia.
Hi Assman
In America and western coutries we protect children as best we can from sexual exploitation . We do not marry girls off at the age of ten,nor at 14.
I am sure you find it convinent to believe children desire old men,and that men must be able to exploit whoever they want sexually because dating takes times and resouserses.
@ assman “But if the tremendous power differential means there is scope for abuse in sexual relationships than what about all the other kind of relationships: as mentors, friends, confidantes etc. Why should any of these relationships not be subject to the same scrutiny.” Why do you think it isn’t? If a person has power of attorney (relationship) they have a fiduciary responsibility to act in the best interests of the other person and if they don’t are subjected to civil and possibly criminal prosecution? The same with other business relationships. Have you not seen People’s Court where relatives sue… Read more »
A lot of protection from sexual advances from someone who has more power than you is covered in Sexual Harassment laws. http://www.nationalforum.com/Electronic%20Journal%20Volumes/Lunenburg,%20Fred%20C.%20Sexual%20Harassment-An%20Abuse%20of%20Power%20IJMBA%20V13%20N1%202010.pdf But the difference between the peer to peer sexual harassment and the teacher-minor sex case is that minors can not legally give consent. They also can not sign contracts, be out past midnight (in most states), or vote. If they are under 16, they can not drive or hold full time employment either. These laws were enacted because of the consensus on the idea that they are not mature enough, not developed enough, to make life altering decisions… Read more »