NRS on Sexual Misconducts by a Nevada Teacher
As unfortunate as the thought is, sexual misconducts by a Nevada teacher with a student actually occur and they are rising on a very alarming rate. In Nevada, there are a handful of teachers who have sex with students and one prominent case is of John Stalmach and Bambi Dewey who engaged in a three-way sexual act with their student at the Clark County School District.
This is an important case as it helped refurbish the law about Nevada teacher-student sexual relations because at the time of the incident the student was of the legal age of 16, forcing the prosecutors to drop the charges.
A lesson that needs to be acted upon on, the State changed the law so that teachers—or any one of the school faculty that engages on sexual misconduct with a student of any age is guilty of a crime. Learn more about what the NRS says about sexual misconducts by a Nevada teacher with a student this below.
Definition of Sexual Misconducts by a Nevada Teacher
According to NRS 201.550, you are employed as school staff and therefore deemed to be criminalized for teacher-student sexual misconduct if you have titles of:
- Teacher, instructor, professor
- Head or assistant coach
While not specifically stated, guidance counselors, teacher aides, and all of the people involved in the teaching and disciplining also fit these criteria.
NRS 391.860 describes sexual misconducts by a Nevada teacher with a student as any act of sexual in nature whether it is verbal, non-verbal, written, or any form of physical activity meant to elicit a romantic or sexual relationship with a child. This involves oral intercourse, anal intercourse, and other types of physical contact meant to arouse each or both of the participants.
With the new law established, it does not matter if a Nevada teacher performs a sexual act with someone of legal age or not. It also does not matter if the sexual misconduct by a Nevada teacher is done with a student on a university level—the perpetrator will still be criminalized.
Penalties of Sexual Misconduct by a Nevada Teacher
As written in NRS 201.540, any person who is 21 years of age or older and is employed or a volunteer worker at a public or a private school in Nevada who performs sexual misconduct with a student aged 16 or older is guilty of category C felony in Nevada. This has penalties such as a term in the Nevada State Prison for not less than a year to not more than five years. This is coupled with fines of at least $10,000 in value and a requirement to register as a sex offender at the Nevada Sex Offender Registry.
When the student is aged 14 or 15, the Nevada teacher will have to face a category B felony which includes one to six years in the Nevada State Prison and a fine that does not exceed $5,000.
Note that once a teacher sexually abuses a child under 13 or younger, he or she can be put under a different charge such as lewdness with minors that consists of life imprisonment and heavy set of fees.
Defenses against False Accusations
There could be instances of teacher or teaching staff accused of sexual misconduct who are actually innocent. And trust us when we say that this is commonplace due to children misinterpreting certain things or eyewitnesses providing unreliable statements.
There is no time to waste when you are suddenly accused of being a teacher who have sex with students; work with a criminal defense lawyer or sex crimes lawyer immediately to preserve evidences and accounts that might soon expire. To aid you, here are some common defenses one can use to discredit false claims against you.
You are innocent
The simplest defense is also sometimes the most effective. Clearly stating that you are innocent will have prosecutors doing their best to debunk you. In addition to your claim, you need a strong alibi or even a hard evidence such as an image or a footage of you in another place during the time of the encounter or having no link to the student at all.
There are not enough evidences
You and your attorney can also prove the claims the defendant made were purely fabricated and no enough evidence to support it. If there are evidences, you can counter defend that this was taken unlawfully, improperly, and not in any way ties a connection to you.
You were setup
While seem far-fetched, individuals who bears resentment on you can set you up for such a dreadful accusation. School staff and even the police themselves can do this but sometimes it can also because they misunderstood the situation or favored the alleged victim more.
There is consent
Sadly, this is an outdated type of defense as you can still get penalized even the sexual acts were consensual so think twice about using this.
Just like any other States, Nevada values the innocence of children and the chance for them to discover life fully without a traumatic experience hindering them. This is why sexual assault cases involving children are often very serious. If you are a teacher or a school staff, false charges of sexual misconduct with a student is a grave dilemma as you could be penalized severely, lose your job, or have a spiteful stigma attached on you forever.
Save yourself from these consequences immediately with the aid of a criminal defense lawyer for sex crimes that operates in Las Vegas or nearby counties in Nevada. If you are a teacher who is falsely accused of sexual misconducts, or know a teacher who is facing the said charges, there is still hope to clear his or her name. On the other hand, if you are someone who needs to research and wants to know more about the legal processes involving sexual misconducts by a Nevada teacher, you may consult Criminal Defense Attorney Ross Goodman for free.