• bigkix@lemm.ee
    link
    fedilink
    arrow-up
    24
    arrow-down
    12
    ·
    1 year ago

    So, basically he is being criminally charged despite no longer being her teacher and while age of consent in Canada is 16 (unless older person is in position of power)? Disguisting as it is, why is he being criminally charged? This case has no legs, right?

    • StillPaisleyCat@startrek.website
      link
      fedilink
      arrow-up
      39
      ·
      1 year ago

      There are exceptions. Someone who was up until recently a teacher may fall into the category of being in a position of trust or authority towards the minor. Without knowing the legal precedents, it’s hard to know how much of an edge case this is.

      From the JusticeThe following factors may be taken into account when determining whether a relationship is exploitative of the young person:

      From the* Justice Canada webpage on Age of Consent*

      Sexual exploitation A 16 or 17 year old cannot consent to sexual activity if:

      • their sexual partner is in position of trust or authority towards them, for example their teacher or coach
      • the young person is dependent on their sexual partner, for example for care or support the relationship between the young person and their sexual partner is exploitative

      The following factors may be taken into account when determining whether a relationship is exploitative of the young person:

      • the young person’s age
      • the age difference between the young person and their partner
      • how the relationship developed (for example, quickly, secretly, or over the internet)
      • whether the partner may have controlled or influenced the young person
      • m0darn@lemmy.ca
        link
        fedilink
        arrow-up
        9
        ·
        1 year ago

        To me it’s the fact that he abused his position of trust to initiate a private relationship that makes me feel that a crime may have been committed. (Due to compromised consent).

        Also there may be an argument to be made that a highschool teacher remains in a position of authority while a former student completes post secondary education. As the former student is likely to perceive that a former teacher has potential influence over scholarships/bursaries or want to use them as a positive reference for a summer internship after their first year or something.

        • blindsight@beehaw.org
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          Rule of thumb is 1 year separation from the position of authority. At least, that’s what’s in the training from the Occupational Therapy regulatory body.

    • betwixthewires@lemmy.basedcount.com
      link
      fedilink
      arrow-up
      9
      arrow-down
      53
      ·
      1 year ago

      I’d say no, but the world is going crazy, so probably the guy is going to get the book thrown at him. At the rate things are going they’ll raise the age of consent to 30 and make it illegal if the other person earns less money than you.

      • grte@lemmy.caOP
        link
        fedilink
        arrow-up
        48
        arrow-down
        3
        ·
        1 year ago

        World going crazy? Who let the libertarians out. This guy was her teacher months prior and was a teacher to other children. He is a predator.

        • OneOrTheOtherDontAskMe@lemmy.world
          link
          fedilink
          arrow-up
          13
          arrow-down
          1
          ·
          1 year ago

          Yeah where’s the defense of this coming from?

          Comsenting adults, fine. Consenting adults or close enough in range of statutory laws, morally dicey but I guess it’s socially acceptable. Add the fact that they were your teacher, ever, and it crosses ANOTHER line and I don’t think we can lump that many “exceptions” together without it being a big ol’ shit bundle.

          • betwixthewires@lemmy.basedcount.com
            link
            fedilink
            arrow-up
            3
            arrow-down
            3
            ·
            edit-2
            1 year ago

            But they’re all behind the line. If we want to pass a clearly worded ordinance about every allowed and disallowed behavior in society then this is the game we are playing. It’s not defending the guy, it’s pointing out that if you want to live under clear laws, you can’t just blur up the lines when it suits you.

            Is the dude a scumbag? Probably. But I’ve lived long enough to see things go from legal but totally not OK, to illegal as it should be, to let’s make everything illegal because someone else doesn’t like it, and I fully expect one day that someone’s going to try to say you can’t fuck someone more than 3 years your junior no matter how old they are.

            What this dude did is absolutely not socially acceptable, but what is socially acceptable is just fashion. Was it immoral? I don’t know, did he lie to her about what their deal was together? It was most certainly not illegal, and nobody was coerced.

            • m0darn@lemmy.ca
              link
              fedilink
              arrow-up
              2
              ·
              edit-2
              1 year ago

              Not the person you were responding to.

              StillPaisleyCat@startrek.website shared this legal resource from the Justice Canada webpage on Age of Consent

              To me it’s the fact that he abused his position of trust to initiate a private relationship that makes me feel that a crime may have been committed. (Due to compromised consent).

              Also there may be an argument to be made that a highschool teacher remains in a position of authority while a former student completes post secondary education. As the former student is likely to perceive that a former teacher has potential influence over scholarships/bursaries or want to use them as a positive reference for a summer internship after their first year or something.

              There’s a reasonable chance of conviction so charges are appropriate.

          • ramjambamalam@lemmy.ca
            link
            fedilink
            arrow-up
            1
            ·
            1 year ago

            After her last day of school, before her last day of exams. Sounds like a position of trust to me… Did she even have her final marks in his class while they were texting each other?

        • betwixthewires@lemmy.basedcount.com
          link
          fedilink
          arrow-up
          1
          arrow-down
          11
          ·
          edit-2
          1 year ago

          But he’s being charged with a crime he didn’t commit. He banged a 17 year old, legal in Canada, upsetting though it may be to those less desirable pantywads.

      • prole@beehaw.org
        link
        fedilink
        English
        arrow-up
        22
        ·
        1 year ago

        Just because you left your teaching job before fucking your 16 year old ex-student, that doesn’t magically make you not a sexual predator.

        • betwixthewires@lemmy.basedcount.com
          link
          fedilink
          arrow-up
          1
          arrow-down
          6
          ·
          1 year ago

          He didn’t leave his teaching job.

          I don’t necessarily disagree with you. But it also doesn’t magically make you a sexual predator either. We have rules to prevent sexual predation, such as that you can’t fuck your students and someone has to be over a certain age to have sex with an adult. From my view this is all panty wringing and the dude broke no laws. Maybe he is a predator, maybe the laws should be changed. Or maybe we shouldn’t infantilize sexually active mature human beings and maybe we ought to teach our daughters about dudes like this.

          • ParsnipWitch@feddit.de
            link
            fedilink
            arrow-up
            1
            ·
            1 year ago

            Or maybe we should make dudes not be able to do something like this. Seems like the better way to handle it.