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Law moves slowly in teacher sex case

Posted: April 14, 2012 - 11:00pm

Even without all the facts in the case, a shocking number of people demanded George Zimmerman be charged in the death of Trayvon Martin in Stanford, Fla.

Yet with the information more cut and dried, some people seemed reluctant to charge a former Harlem teacher with sex crimes related to his relationship with a student. And what’s really disturbing is that law enforcement officials in Thomson were among those who seemed all too willing to look the other way.

But just as public pressure kept the heat on Florida officials so that, for good or ill, Zimmerman was charged, so did public scrutiny of Thomson police ensure that they couldn’t ignore the law.

It’s not that complicated. Georgia law very plainly states that it is a felony for a teacher to have sex with a student who attends the same school, and that the student’s willing participation cannot be used as a defense. Period.

There’s no coincidence that the law is under the same section of code governing jailers and inmates. As with that relationship, the law assumes (as it should) that students are under the authority of teachers, and thus are unable to give consent to an inappropriate relationship.

Yet the Thomson police officers initially investigating the case all but walked away from it when the student, whom they inexplicably questioned in the presence of the teacher and the student’s father, denied any sexual activity. Even after she later admitted to Columbia County investigators that they had sex, Thomson police seemed uninterested in further pursuit of the case.

Fortunately, public pressure, plus peer pressure from their Columbia County law enforcement colleagues, moved them to take action and arrest the ex-teacher this past week – more than a month after they found him in his Thomson home with the Harlem High senior. He’ll have his day in court.

Meanwhile, Thomson officials should insist that their police officers brush up on the law until they understand just why sex between teachers and students is illegal. If there’s a next time, God forbid, perhaps they’ll take such allegations a little more seriously.

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Comments (4)

Craig Spinks

Ashley and Clay are incalculably superior...

to the yahoo DA in the Ogeechee Circuit and to the yahoo police chief in Thomson.

Let us give thanks that we live in the Augusta Circuit and in Columbia County.

Dr. Craig Spinks/ Georgians for Educational Excellence


Deserves Serious Jail Time

You can't have teachers having sex with students. Yep, there's a reason for the law and he deserves serious jail time.

Little Lamb


I guess I am in a small group. I think this law is not good. The jailer/inmate analogy makes sense for students under 16. But since our society says it is lawful for students to consent to sex at 16, and lawful to drop out of school at 16; then logically students over 16 should be able to date teachers because they could drop out at any time if they wanted to. The teacher has no custodial hold over the 16-year-old like he does over a 15-year-old.

True, the law must be upheld until it is changed, so the arrest was proper. But I can see many reasons why the Thomson police department was reluctant. For one, there was no complainant in McDuffie County. Secondly, there was no physical evidence nor a witness. Thirdly, the two participants told Thomson police a consistent story.

After a Columbia County police interrogation finally (a word used by a sheriff department spokesman) extracted a confession from the girl, you merely end up with a "he said; she said" situation — not something that is a slam dunk.

If the girl indeed did lie to Thomson police, then she should be arrested for lying to police in an official interrogation. Fair is fair.

Mr. Shivas should lose his job for such behavior, but in my opinion he should not lose his civil rights.


McDuffie County

is in the Toombs Circuit, not Ogeechee.