Spear (Photo: Montgomery County PD)
Some parents aren’t happy that a new bill in Maryland would create brand new loopholes in prosecuting crimes involving the sexual assault of minors, even as it closes others.
There’s a major loophole in Maryland’s law that makes it legal—albeit heinous and unacceptable—for certain teachers to have sexual contact with certain students. For example, Scott Spear, 47, a teacher at one Maryland high school, recently wasn’t charged with any crime despite the fact that he had allegedly engaged in sexual activities with a student. He wasn’t charged with a crime, because:
- The student was 16, the legal age of consent in Maryland (people under 16 cannot legally give consent to sex)
- The teacher worked only part-time at the school, not full-time (part-time school employees are not considered people “in a position of authority”)
- The sexual contact did not occur at the school where the teacher worked (this loophole is sometimes called the “Saturday afternoon” loophole)
Of course, it’s illegal for a full-time teacher at a school to have sex with a minor student under the age of 18 anyway, but many people just think the current law has too many loopholes. But a new bill, SB 0460, which aims to close these loopholes, creates loopholes of its own, WTOP reports.
If a teacher or coach is no more than seven years older than the student they coach or teach, they would not be subject to the law. So a 24-year-old teacher or coach could legally engage in a sexual relationship with a 16- or 17-year-old. While most schools and organizations would find that a fireable offense, it would not be a crime.
The strict details of WTOP’s report are a little loose, but the point is well taken. A part-time coach of the volleyball team, being 23 years old, could engage in sexual activity with a 17-year-old player, and under the new law—as well as current law, though for different reasons—that would not be a crime.
The bill was introduced in January by state Sen Jamie Raskin, Democrat of Montgomery County, and now sits in the Judicial Proceedings Committee.
“This issue has been around for more than a decade,” WTOP quoted Mr Raskin as saying. He says that although the loophole over part-time teachers who are close in age to their students is not the perfect solution, the compromise may be necessary in order to close the loopholes in the current law.
Lisae Jordan, executive director and counsel at the Maryland Coalition Against Sexual Assault, agrees with Mr Raskin, telling WTOP she’s been fighting to get passage of a bill to tackle this issue since 2003. “If we don’t include a bill that has some compromises, it’s never going to pass.”
And getting passage of the bill is critical, both Mr Raskin and Ms Jordan told WTOP.
