Teacher-Student Sex and the Law

It goes without saying that teachers having sex with students is a crime, no matter the jurisdiction.

Even though the acts may be consensual as people normally think of the word, the law doesn’t recognize the consent as freely given and so consent is not a defense.

In North Carolina, a teacher convicted of having sex with a student can be sentenced as a Class G felon and face at least a year in prison as a first-time offender with sex offender registration.

Even in cases where the student may not wish to press charges, the student will often be pressured into assisting the State’s prosecution, or may be coerced into providing a statement by a principal or other school official.

In addition, the teacher may (mistakenly) believe he or she can salvage the job and avoid disciplinary punishment mandated by the procedures that govern teachers in North Carolina. The teacher may give a statement, which will do neither: the statement will be used in the criminal prosecution, as well.

Someone accused of having inappropriate relations with students should always contact a criminal defense lawyer as soon as possible to avoid the worst: a conviction to a felony that is lifelong.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.