Washington State legislation closes loophole legalizing sex with 18 year old students

(Original Post 1-24-09)
On January 14, an appellate court stated that because Washington's educator sexual abuse statute stated only sex with minors were criminalized, teachers had a free reign to have sex with their 18 year old students.

State lawmakers, including House Majority Leader Lynn Kessler, are outraged.
"There's expectation from parents that when their children go to school, they are protected by adults, because they're students. These are places where they go to learn. Not learn how to have sex. They're going there to learn. We don't expect our teachers to start having sex with them," said Kessler.

Kessler, a Democrat representing the north Olympic Peninsula, is cosponsoring bipartisan legislation to close the loophole. House Bill 1320, which awaits a hearing in the House Public Safety Committee, would allow prosecutors to charge offending teachers and school employees with a Class C felony.

The crime would give a maximum sentence of 5 years imprisonment and registration as a sex offender for teacher student sex when the student is 16 to 21. Sex offender registration is not currently involved when teachers have sex with Washington State students over 16.

(Update 4-22-09) The Washington State House has passed HB 1385 by an 82-16 vote. This bill makes teacher/student sex with victims between 18 and 21 a felony. Rep. Larry Haler, R-Richland, wrote the bill because courts decided that the existing teacher-student sex acts only applied to minors, those under 18.

"It's been a long road but to have this legislation pass the Legislature and sent to the governor's desk is truly one of the highlights of my legislative career. As elected officials, one of our paramount duties is to protect our citizens. Keeping our families, communities and students safe is of the highest priority.

The parents of the Tri-Cities never let me forget for one minute that this was a fight for the safety of their kids," Delvin said. All day, every day they entrust their children to teachers and school employees who have pledged to keep their children safe. Today's legislation makes it crystal clear that all students in Washington state secondary schools are protected from teacher sexual misconduct to age 21, the age limit for secondary school children. I particularly wanted to protect the students with developmental disabilities and this legislation will do it."

(Update 5-19-09) Washington Governor Chris Gregoire signed the bill into law two weeks ago yesterday, or May 4. Besides teachers, janitors and bus drivers caught having sex with students between 16 and 21 will have to register as sex offenders if convicted.