This is a tricky question, and one that we get asked a lot. After all, surely if both parties were consenting, and neither of them has changed their mind or tried to lie about it afterwards, then why would it be a sex crime? Surely when two consenting people enjoy sex together, they shouldn’t have to answer to the cops about their private relationship? Well, simple as that sounds, it doesn’t always work that way. Especially when one of those consenting people is a teacher, and the other person is their student.
This issue comes up a lot in student/teacher relationship cases
There’s a case right now here in Michigan where this exact issue is changing the usual order of events in the proceedings. Tyler David Millward, a former teacher at Athens High School in Athens, Michigan, was fired in February for having allegedly inappropriate contact with a student. He was charged with three counts of lying to police, and using a computer to communicate with another to commit the crime of Third Degree Criminal Sexual Conduct. CSC in the 3rd degree is a serious felony punishable under Michigan law by up to 15 years in prison.
The prosecutor is claiming that an order of separation is necessary
The prosecutor claims that Millward lied to investigators about texting the student, taking her to a hotel, and having sex with her. As a result, and because of Millward’s role as her teacher, the prosecutor is requesting that the court issue a no contact order keeping Millward away from his former student. According to his attorney, however, he isn’t the girl’s teacher anymore and therefore shouldn’t be ordered not to contact her.
Millward’s student claims he isn’t a threat and she wants contact with him!
Millward’s student, a 17-year-old girl, also disagrees with the separation order. According to court documents, she stood in court and told the judge that the separation order wasn’t necessary. Why? Because he wasn’t a predator and she wanted the freedom to keep seeing him. “He has never been a threat and he has never hurt me,” she said. “He never told me to say anything, or pushed me to do anything against my will. I wish to have contact.”
Will the “victim’s” testimony change the outcome of the trial?
In truth, probably not. The fact that Millward had a sexual relationship with a high school student he taught, and then lied to the cops about it, makes this a relatively straightforward case. Just because the student he maintained a relationship with doesn’t see him as a threat, and wants to keeping seeing him, doesn’t change the law in Michigan. It’s against our law for high school teachers to have sexual relationships with their students, even if those students don’t see themselves as victims. The thought is that students cannot consent to sex with their teachers.
Sex crime cases in Michigan can be very complicated!
Being accused of a sex crime, whatever it is, is terrifying! It has an immediate impact on your social life, your reputation, your career and freedom. Which is why having the right lawyer is critical to your case. At The Kronzek Firm, our trusted sex crime defense team believes that once you have met with us, you will understand that the best investment you can make for your future is to hire the best attorney you can afford. Call 866 766 5245 (866 7No Jail) to ensure that your future is properly protected. We’ve been fighting rape cases and molestation charges in Michigan since the last century.