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Is 16 or 18 a child?

Discussion in 'Workplace dilemmas' started by whistle4it, Jan 11, 2011.

  1. whistle4it

    whistle4it New commenter

    Sorry, possibly a stupid question. But legally? And if a child has left the school and is 17, can you still be in trouble with your current school for stuff?
  2. Because of the statement "Position of Trust" you should not be getting up to any 'stuff' with children who you hgave taught, regardless of age.
  3. Now this sounds really ridiculous. So, at the age of, say, 53 I can't start a relationship with someone I used to teach in 6th form as an NQT?
  4. OK This has to be the creepiest question I've ever seen on here! According to UK Law when someone is under 18 that person is still a child, a minor regardless of whether at school or not. Just because they are confident sexually does not mean they have the emotional maturity or life experience to cope with a relationship with someone older than them. Over the age of 18 it would stil be pretty creepy if you were substantially older, especially given that they are still very young and really need to grow as a person and spread their wings with people their own age, but legally it would be ok.
    If you're substantially older than them, even when they reach 18, I would say leave them alone because you will only hold them back.
    Under 18 I say leave them alone or be arrested for paedophilia, and lose your job lol!
    The main problem her, right across the board, is that there is a major power imbalance, whether teacher-student or older-younger which will be lifelong. No matter how old they are they will always be your ex student that you met as a child, with you as the adult, and that initial dynamic will always be there, messing with their head far more than it ever will with yours.
    So, if I were you, I would avoid it altogether - plenty more fish in the sea!
  5. Depends how long ago it was that you were an NQT lol! Seriously though it's still a bit weird - can you honestly not find anyone else to have a meaningful relationship with? Ultimately I think it would feel more creepy for the 6th former because you will always be 'teacher' and there will always be that imbalance there. It's just weird, period lol!
  6. Crowbob

    Crowbob Senior commenter

    I just don't understand your use of "lol" here. What is so funny? [​IMG]
  7. Crowbob

    Crowbob Senior commenter

    Wow, bad situation.
    This is one of the reasons schools should have their own mobile. For a while my OH got stupid silent phonecalls after having to give out mobile number on a foreign trip.
    Provided he reported the picture to the police and the school as soon as it arrived I shouldn't have thought that this would be a huge issue. The wording of your OP do not suggest a situation like this. I wish you the best!

  8. whistle4it

    whistle4it New commenter

    He didnt report it as she had left, just deleted it. He is now in court and will lose his job as advised to plead guilty, no defence apparently because he opened th picture even though he didnt know what it was. I just hope she knows the damage she has done.
  9. pixel

    pixel New commenter

    If he received an unsolicited pic from an ex-student he would have a very good defence.
    If there is no phone company record of any reply.
    If he deleted the pic instantly and did not keep it there is a very striong defence.
  10. pixel

    pixel New commenter

  11. pixel

    pixel New commenter

    To answer your original question in the case of indecent photographs the definition of a child was altered from 16 to 18 years by section
    45(1) of the Sexual Offences Act 2003, in force from 01 May 2004.
  12. whistle4it

    whistle4it New commenter

    He has to plead guilty as he still "made" the image, by opening it.
  13. pixel

    pixel New commenter

    <h4>Subsection 160(2)(c) </h4>
    The defendant must prove both 'that the photograph or
    pseudo-photograph was sent to him without any prior request made by him
    or on his behalf' and that 'he did not keep it for an unreasonable
    time'. The Act does not prescribe what constitutes a 'prior request',
    nor does it define the parameters of 'unreasonable time'. In particular,
    it is not clear whether time runs from when the image was received by
    the computer, or when it was known by a defendant to have been received.
    Consistent with the necessary mental element, the latter is likely.
    Archbold 31 - 119.
  14. Nothing funny about it at all Crowbob, I was just trying to be lighthearted about what is a pretty heavy thread, and was trying not to sound too 'preachy' y'know? I want you to know that when I was aged 16-18 I both witnessed, and was on the receiving end, of highly inappropriate conduct by a tutor in his 30s who had an unusual penchant for the teenage girls in his charge, so I have extremely strong views on this subject none of which favour the tutor. As far as I know, the tutor in question was never disciplined (which is frightening really...) and as far as I know is still teaching, decades on. I think he should have been weeded out, personally and I'm sure this thing goes on much more often than we realise. So please don't misunderstand me - I think it's creepy and exploitative, period! [​IMG]
  15. Wow, what a nightmare. Like Crowbob, I didn't realise this was the situation, the way your OP was worded hehe! I think maybe where he went wrong was not reporting it at the time and this is something we can all learn from; thou shalt cover thine ass basically, even in situations that don't appear to immediately warrant it. Poor guy probably thought it wouldn't make much difference now that the girl had left. I don't supose that even getting the girl herself to confirm it was unsolicited by him would make any difference in court?
    Best of luck to your friend xx

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