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Tue 13 Jun, 2006 12:14 am
Student alleges sex with teacher
Lewisville ISD: Former Miss Texas contestant faces felony charge
Quote:A first-year Hebron High School teacher and former Miss Texas contestant faces up to 20 years in jail after an 18-year-old student told police he had sex with the 25-year-old woman several times at her apartment in Austin Ranch.
Amy McElhenney, who taught Spanish and was a cross-country coach at the Lewisville ISD school in Carrollton, is charged with having an improper relationship with a student, a second-degree felony. She was arrested on May 25, the last day of school, posted $5,000 bail and was released.
Amy McElhenney Ms. McElhenney could not be reached for comment. The student's identity was not released.
According to an arrest warrant affidavit, another student sent an anonymous note last month to Hebron's resource police officer that indicated Ms. McElhenney's cellphone contained "intimate" text messages to and from the 18-year-old.
When police interviewed Ms. McElhenney at the school, she allowed them to view the text messages.
"Messages that were on there led us to believe there was a little bit more going on between the teacher and this student," said Carrollton police Sgt. David Sponhour.
In an affidavit, a Carrollton police officer said the messages "constitute a flirtatious and endearing relationship" between Ms. McElhenney and the student.
While Ms. McElhenney denied having a physical or sexual relationship with the teen, she told police she felt their relationship was inappropriate, police said.
When interviewed at home, however, the student gave police a written statement in which he said he and Ms. McElhenney had sex on "numerous occasions" at her apartment. He told police their alleged relationship began in February.
Ms. McElhenney was charged under a law that outlaws sexual relationships between educators and students even if the sex is consensual and the student is of legal age.
In Texas, the age of consent is 17.
Proponents of the law have said it sends the message that even older teenagers should not be considered capable of consenting to sex with a teacher, especially since educators have power over their students. . . .
Inasmuch as both parties were consenting adults, I don't think the state of Texas may criminalize their alleged sexual relationship.
Whoa...that's an interesting one.
I think the teacher has breached the ethics of her profession and done something very inappropriate.....whether it belongs in the criminal, rather than professional misconduct, area is the question.
I guess if it is against the law it is illegal, so that is the simple answer.
....and definitely worth a 20 year jail sentence.
It has possibly ruined that 18year old male's life.
There must be nothing more traumatic for an 18 year old male, than having it off with a 25 year old former Miss Texas contestant.
I hope he is now encouraged to go and get some form of counselling.
CHAPTER 21. SEXUAL OFFENSES
ยง 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT.
(a) An employee of a public or private primary or secondary school commits an offense if the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works and who is not the employee's spouse.
(b) An offense under this section is a felony of the second degree.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.
* * *
I don't believe, under the reasoning set forth in Lawrence v. Texas, that the State of Texas may--consistent with the Constitution--criminalize sexual conduct between two consenting adults.
The teacher's conduct--if she did engage in sexual relations with an 18 year old student who was attending the school where she taught--was probably "unethical" and would probably warrant professional discipline and termination of employment.
Nevertheless, I believe the law is unconstitutional as applied in this case to criminalize the alleged sexual relations between two consenting adults.
Lord Ellpus wrote:....and definitely worth a 20 year jail sentence.
It has possibly ruined that 18year old male's life.
There must be nothing more traumatic for an 18 year old male, than having it off with a 25 year old former Miss Texas contestant.
I hope he is now encouraged to go and get some form of counselling.
I doubt she will get 20 years, Ellpus......
:wink:
there's a film kicking about regarding this very topic at the minute...
It's an updated retelling of the 1931 movie Maedchen in Uniform and tackles the ethical dilema of a (lesbian) student/teacher relationship at an all girls boarding school. The film puts the characters in a very interesting position as it's clearly the student who is control of the relationship from day one. The major problem is that the student is still just under 18 (AOC) so relationship is illegal as well as unethical.
Film has two endings, and I know one of them results in the arrest of the teacher - yet to disocver what the other does.
if anyone's interested they can google for "loving annabelle"
seeing 2 sides here....the teacher/student power thing isn't so much here. the guy is graduating this year, even if there is a power thing, it's not long term....
This was the womans first year of teaching.....kinda getting off on the wrong foot.
To me it seems they had a lovers quarrel, and he was "showing her".
The age difference wasn't enough to be concerned about, to me at least. some 17 year old are pretty mature, and some 25 year olds are ding bats.
The teacher was both immature and unprofessional. She should have done her growing up before she accepted a teaching job.
Nothing has been said whether the defendant was providing sex education. The student may have been receiving instruction that would be of value throughout his life.
The student was eighteen, which is old enough to fight and die in Iraq. Are we to believe that having sex with a former Miss Texas is a worse fate?
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