Technology in schools has brought to light some disturbing behavior, including teacher’s allegedly sexting students.
This Florida case looks bad at the outset, but we need to remember that not everything may be the way it looks. Not to mention that according to the Constitution, everyone is considered to be innocent until proven guilty, not the other way around.
In this instance, there was allegedly a text-message liaison between a high school band director and one of his students. According to the evidence, the texts turned to sexting, and eventually making out, during school hours. It was not just the trysts that made the situation look bad, but the additional fact that the participants, 33-years-old and 17-years-old (at the time) were smoking marijuana while engaging in intercourse and oral sex at the school and the teacher’s home.
When arrested, the man was held in lieu of a bond at the Broward Main jail. He was charged with one count of contributing to the delinquency of a minor and four counts of sexual assault. The teen advised police she and her teacher had sex on at least four occasions between 2011 and 2012.
The man’s defense counsel has indicated the relationship was consensual, with no force involved. It also has to be considered whether or not the teacher was indeed the person who sent raunchy texts to a student and whether or not he was laboring under the impression that the student was older than she may have appeared. Even though the teacher was charged does not mean he will be found guilty or that his case would even make it to court.
The vast majority of sex crimes carry mandatory sentences of a minimum of 25 years and the accused, if convicted may be designated a sexual predator or sexual offender, and be required to register with the State of Florida.
Sex crimes and those charged with them are held up to different rules of evidence. In other words, sex crime cases are not like other criminal cases. While this does make them difficult to defend, there are always ways an experienced Lakeland criminal defense attorney can mount a solid defense.
Never assume a person is guilty just because they have been charged with something. It may turn out the wrong person was charged, that they never did do what they are accused of doing or were falsely accused by someone wanting to settle a score.
Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.
