Always win when you’re singing

If a 22 year old man had a consensual sexual relationship with an 18 year old woman, would that make him a sex offender? What if the 22 year old were a teacher at the local comprehensive and his partner a sixth former? Would that make a difference? Should it make a difference?

The teachers’ union NASUWT has claimed that is is an ‘anomaly’ that a teacher who had consenting sex with a pupil aged over 16 could go on the sex offenders register. Since 2001, it has been against the law for a teacher to engage in sexual activity with a pupil at their school, regardless of whether than pupil is over the legal age of consent. If convicted, the teacher would be placed on the sex offenders register and be subject to all the restrictions that that brings. However a teacher can legally enter a relationship with a sixth former at another school.

General Secretary of NASUWT, Christine Keates said the abuse of trust law had gone too far in cases where the relationship started after a pupil had reached the age of consent. She said:

“If a teacher has a relationship with a pupil at the school at which they teach, it could be an 18 year old pupil in sixth form, then that teacher can be prosecuted and end up on the sex offenders register.

“Clearly there have to be appropriate disciplinary sanctions in the school where a teacher works to make sure that inappropriate relationships don’t develop. But it does seem a step too far, when there has been a consensual relationship, to put that person on the sex offenders register when, in fact, they could have a perfectly legitimate relationship with an 18-year-old at another school.”

However child protection professionals have criticised her comments.  Zoe Hilton from the NSPCC said: “The law is very clear that if a teacher abuses his or her position by forming a sexual relationship with a pupil they could be prosecuted and this remains the case even if the child gives their consent.”

There’s only one part of Ms Hilton’s statement with which I would disagree - an 18 year old is not a child, even if they are still in full-time education. The issue here is not one of a sexual offender, but that of an abuse of trust. Whilst a teacher is said to be acting ‘in loco parentis’, a relationship between a pupil and a teacher cannot be compared to incest. Such a relationship is certainly unethical, but should it be illegal?

At the moment, a 55 year old manager can have a sexual relationship with their 16 year old office junior and it’s no big deal, whilst the manager’s 23 year old son will lose his entire future if he has a relationship with an 18 year old pupil at the school at which he teaches, regardless of whether he has any contact with the pupil during the school day. Whilst abusing a position of trust must be dealt in any profession, how does being a teacher turn you into a legally defined pervert?

The Daily Moral and its internet readers have of course seen this as a green light for paedophiles. They use to illustrate the story a photo of someone who was 15 when ’seduced’ by their drama teacher, rather than someone who was over the age of consent. Comments elsewhere are more mixed, with a number of respondents agreeing that the teacher  should be disciplined, sacked maybe, but not prosecuted or placed on the register.

Of course a relationship of a teacher with a pupil is an abuse of trust, just as that of an Army Major with a Corporal. Both should be professionally forbidden. Relationships of this type can cause problems elsewhere and in other professions, such as policing and banking, one half of a relationship will be moved to another location. In many offices, any line management relationship would be ended. But a consensual relationship between two adults able to consent cannot be abuse, nor can one of the partners be classified as a sex offender. Maybe we can start to drop the hysteria which sees ‘perverts’ everywhere and concentrate on the real offenders, rather than trivialising what the sex offenders register is there for.

ITV’s Tonight: To Sir With Love will be broadcast on ITV1 tonight at 8pm.