Something That Bugged Me About Last Week's Episode of Glee (3.08)
This is something I've been meaning to post for the last couple days, but while I was watching last week's episode of Glee (3.08, Hold On To Sixteen), there was something that was said about the Puck/Shelby relationship that was inaccurate from the perspective of criminal law, and as a practicing attorney, that is something that I cannot let go unchallenged.
Specifically, during one of the scenes between Rachel and Quinn, where Rachel was trying to talk Quinn out of her scheme to turn Shelby in for sleeping with Puck, Rachel said that what Shelby and Puck were doing wasn't illegal.
Not only did the show make a legally inaccurate statement, but from my observations at various places online, it seems that much of fandom shares this misperception. I can only assume that RIB and those fans were only thinking in terms of statutory rape, and since Puck is 17 or 18, which is over the age of consent in Ohio, there wouldn't be any issues in that regard. However, the age of consent and statutory rape aren't the only laws in play here, and student-teacher sexual relationships are most definitely a crime in Ohio.
Specifically, Ohio's Sexual Battery statute,Ohio Revised Code § 2709.03, states that:
(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: [...]
(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school. [...]
(B) Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree.
As one can see, the sort of sexual relationship that Puck and Shelby had is not just unethical, but is also a serious crime, punishable by up to five years imprisonment according to the penalties set out in § 2929.14 of the Ohio Revised Code.
Nor is this something unique to Ohio. In many states, teacher-student sexual relationships where the student is over the age of consent are either illegal, or are the subject of bills being considered by their legislatures to outlaw them. Over the last few years, states have been considering such laws after incidents where prosecutors were either unable to file charges against teachers who had sex with 16-18 year old students, because that wasn't covered by existing laws, or where charges and/or convictions for such conduct based on creative legal theories were thrown out. These cases did not just involve 'consensual' relationships (given the power differential and special position of trust involved in the student-teacher relationship, one may question just how truly consensual those relationships were,) but also several cases where teachers extorted sexual favors in exchange for grades, recommendations, not reporting or punishing students for breaking school rules, and so on. Because of such incidents, as well as the ethical issues of a professional abusing a position of trust by engaging with a sexual relationship with someone under their care, a number of states have passed or are considering laws that make such relationships between students over the age of consent and teachers a crime.
I already knew that such relationships were illegal in my state (Washington,) but after less than an hour searching on Google, I found the following sampling of states that make such relationships illegal:
Arkansas (Arkansas Code § 5-14-125(4)(A)(iii))
Colorado (Colorado Revised Statutes § 18-3-405.3)
Missouri
South Carolina (South Carolina Code § 16-3-655(B)(2))
Washington
In addition, news articles that came up in that Google search state that Michigan is currently considering such a law.
Thus, not only was the whole Puck/Shelby relationship squicky and unethical on Shelby's part, but it was also a fairly serious crime (which is why I find fanfics that have student-teacher relationships somewhat distasteful IMO.) Please feel free to pass this along to help clear up this misperception.
Specifically, during one of the scenes between Rachel and Quinn, where Rachel was trying to talk Quinn out of her scheme to turn Shelby in for sleeping with Puck, Rachel said that what Shelby and Puck were doing wasn't illegal.
Not only did the show make a legally inaccurate statement, but from my observations at various places online, it seems that much of fandom shares this misperception. I can only assume that RIB and those fans were only thinking in terms of statutory rape, and since Puck is 17 or 18, which is over the age of consent in Ohio, there wouldn't be any issues in that regard. However, the age of consent and statutory rape aren't the only laws in play here, and student-teacher sexual relationships are most definitely a crime in Ohio.
Specifically, Ohio's Sexual Battery statute,Ohio Revised Code § 2709.03, states that:
(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: [...]
(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school. [...]
(B) Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree.
As one can see, the sort of sexual relationship that Puck and Shelby had is not just unethical, but is also a serious crime, punishable by up to five years imprisonment according to the penalties set out in § 2929.14 of the Ohio Revised Code.
Nor is this something unique to Ohio. In many states, teacher-student sexual relationships where the student is over the age of consent are either illegal, or are the subject of bills being considered by their legislatures to outlaw them. Over the last few years, states have been considering such laws after incidents where prosecutors were either unable to file charges against teachers who had sex with 16-18 year old students, because that wasn't covered by existing laws, or where charges and/or convictions for such conduct based on creative legal theories were thrown out. These cases did not just involve 'consensual' relationships (given the power differential and special position of trust involved in the student-teacher relationship, one may question just how truly consensual those relationships were,) but also several cases where teachers extorted sexual favors in exchange for grades, recommendations, not reporting or punishing students for breaking school rules, and so on. Because of such incidents, as well as the ethical issues of a professional abusing a position of trust by engaging with a sexual relationship with someone under their care, a number of states have passed or are considering laws that make such relationships between students over the age of consent and teachers a crime.
I already knew that such relationships were illegal in my state (Washington,) but after less than an hour searching on Google, I found the following sampling of states that make such relationships illegal:
Arkansas (Arkansas Code § 5-14-125(4)(A)(iii))
Colorado (Colorado Revised Statutes § 18-3-405.3)
Missouri
South Carolina (South Carolina Code § 16-3-655(B)(2))
Washington
In addition, news articles that came up in that Google search state that Michigan is currently considering such a law.
Thus, not only was the whole Puck/Shelby relationship squicky and unethical on Shelby's part, but it was also a fairly serious crime (which is why I find fanfics that have student-teacher relationships somewhat distasteful IMO.) Please feel free to pass this along to help clear up this misperception.