PE Teacher Avoids Jail Despite Having Sex With 17 YO Student
A NSW teacher who allegedly had sex with a 17-year-old student on three separate occasions, once in the back of his van, has managed to avoid jail time due to a technicality.
The physical education teacher, from Port Stephens, had his case upheld after the Court of Criminal Appeal ruled the teenager was not under his care at the time of their 'sexual relationship'.
News Corp reports that the 49-year-old was charged with three counts of having sex with a person between 17-18 while he held a supervisory or guardian role.
The age of consent in NSW is 16, but having sex with a 17 to 18-year-old under your direct care is illegal, and could bring a sentence of up to four years.
The student allegedly engaged in sexual activity with the teacher twice at his home, in 2014, and then in the back of his van, in 2015.
While she had been taught by the man between 2011 and 2013, at that time she was not in any of his classes.
The court judgement reportedly stated the alleged relationship began after the teacher told the young girl that he was 'sexually attracted to her' during a playground discussion.
'She gave him her phone number and shortly afterwards the respondent texted the complainant to arrange a meeting at his home,' it read.
Attorney-General Mark Speakman told News Corp he was 'considering legislative changes' to help protect students at school in the future.