Teacher's Arrest Raises Questions About Law

[Walter Cronkite]

Amy McElhenney, a 25-year-old Spanish teacher and former Miss Texas contestant, faces up to 20 years in prison for allegedly sleeping with a student.

The arrest of a high school teacher for allegedly having sex with an 18-year-old student has raised questions about the age constraints of the state's three-year-old law criminalizing student-teacher sexual relationships.

Amy McElhenney, 25, was arrested May 25 and charged with having an improper relationship with a student. The Spanish teacher and former Miss Texas contestant faces up to 20 years in prison.

But some lawmakers say the Hebron High School student's status as a legal adult should exempt McElhenney from the felony charge.

State Rep. Helen Giddings, D-Dallas, wrote the Texas law in 2003 that criminalizes sex between educators and students. But she said she wanted the law to apply only to students 17 and younger - uncomfortable with making sex between two legal, consenting adults a felony.

"I feel differently about 17-year-olds than I do about 18-year-olds," Giddings said. "I don't necessarily believe the penalty for the two should necessarily be the same."

But other legislators added amendments to Giddings' bill when it reached the floor of the House, making it illegal for educators to have sexual relationships with students of any age. Rep. Warren Chisum, R-Pampa, proposed dropping the age limit, arguing that teachers wield a power over students that diminishes the pupils' ability to consent.

"If they're a student, I just think they're off bounds regardless of their age," Chisum said. "I felt like if we didn't do that, we just virtually made it open season on students that are 18 years old."

Neither McElhenney nor her attorney could immediately be reached for comment.

The woman's arrest attracted national media interest - which did not surprise Carrollton police Sgt. Pat Murphy, who cited the sensational elements of the case.

"It's about what I expected for what this case is," Murphy said of the media blitz. "You've got a teacher that was a beauty pageant contestant that is accused of having sex with a student."

But McElhenney's arrest also prompted debates around the nation concerning Texas' law and the criminality of student-teacher relationships when the pupil is a legal adult.

"It's a little harsh, even for Texas law," defense attorney Jeffrey Lichtman told The Dallas Morning News. Lichtman discussed the case on a Fox news show.

He called the law "a little heavy handed, and it seems like a flavor-of-the-moment law."

Dallas lawyer Jim Moore said he felt the age issue would make jurors less likely to sentence a defendant to the 20-year prison term for an alleged relationship with a consenting adult. Moore represents a Garland school district teacher accused of having such a relationship in 2005.

"It's going to be real interesting to see what a jury thinks about this legislation," Moore said.

Source: AP

[Summer Rain]

It doesn't matter if a child is 12, 15, 16 or 18 years old. As long as they are under the guidance of the local school board and a student within the school system, they are not fair game for these teachers who cannot distinguish between a working man and a boy who has not finished his homework. He is still, (supposedly) under the protection of the local school administration.

There are many laws which supersede other laws and this is such a case. It is so apparent that we have lost the morals, the values which we once had such pride for and now there are those people who wonder , why? It's because there are those who always say, "Oh!, This time it doesn't count." or " Well! There are certain circumstances with this case." No!, No!, No! Rules are rules. As long as a child, any child is a student in any school. that means hands off by any teacher, man or woman. Then there are also the hypocrites, because in any of these recent cases, if it were a man taking advantage of a female student, regardless of her age, you would be screamimg that he should be placed in prison for life. So! This is no special case. She was a teacher and he was a student. End of story.

[Pyro]

People in texas have entirely too much time on their hands to make that against the law. The kid is 18...HE IS LEGAL!!! Since when can you die for your country but not nail a hot ass teacher? Gimmie a break!

[Flying High]

Teachers should not have sexual relations with students while the students are still in school. If the student is 18 and graduated... whatever, have at it. However, if the teacher and student are still such..no matter what age the student or teacher is, it is inappropriate, period. But because this kid was 18 it should not be a felony.

Also, in regards to this case, what if the teacher was male and the student was an 18 year old female....would this discussion even occur? Or would he have been just charged with the felony and that would have been the end of it?

[Stallion]

You have no idea how hard I would bang that teacher!! The kid is a pimp.