Sexual Misconduct Laws & Authority Figures
Some sex crimes involve situations in which the defendant had authority over the affected person or a relationship of trust with them. A defendant who has been charged with sexual misconduct based on abusing authority or trust should not talk to the police about their situation. Instead, they should consult an attorney, who can handle any interactions with law enforcement for them.
Elements of Sexual Misconduct Involving Authority Figures
A prosecutor bringing this type of charge would need to prove that the defendant engaged in sexual acts covered by the applicable statute. The prosecutor also would need to prove a relationship of authority or trust. Some of these situations may include:
- A teacher abusing a student
- A psychotherapist abusing a patient
- A clergyperson abusing a member of their congregation
- A law enforcement or correctional officer abusing someone in their custody
For example, certain provisions of Connecticut General Statutes Section 53a-71 prohibit a school employee from having sex with a student and a psychotherapist from having sex with a patient during a session. Certain provisions of Minnesota Statutes Section 609.344 prohibit a prison employee from having sex with an inmate and a clergymember from having sex with a person seeking religious or spiritual advice or aid.
Minors may have especially broad protections. Kentucky Revised Statutes Section 510.060 prohibits a person in a position of authority or special trust from having sex with a minor under 18 with whom they come into contact as a result of their position. Arkansas Code Section 5-14-125 makes it second-degree sexual assault to engage in sexual contact with a minor as a person in a position of trust or authority over them.
Examples of Sexual Misconduct Involving Authority Figures
Penelope, a high school math teacher, propositions one of her 18-year-old students for sex. The student has had a crush on Penelope and happily agrees. Even though the encounter was consensual at face value, Penelope would have committed a crime in some states due to her authority over the student as his teacher.
Paul, a psychotherapist, is helping a patient deal with a bad breakup. He suggests that she hook up with him as “therapy.” The patient thinks that this makes sense and agrees, but this still may be a crime due to the nature of the psychotherapist-patient relationship.
Offenses Related to Sexual Misconduct Involving Authority Figures
Some offenses that might be charged in situations similar to those discussed here include:
- Statutory rape: sexual intercourse with a person under the age of consent
- Child molestation: inappropriate touching, fondling, or other sexual misconduct involving a child
- Indecent exposure: intentional public exposure of the genitals or other private body parts
- Sexual assault: often used to describe various forms of non-consensual sexual conduct
If multiple charges arise from the same sequence of events, a defendant might negotiate a deal with the prosecution to plead guilty to some charges in exchange for getting others dropped.
Defenses to Sexual Misconduct Involving Authority Figures
Sometimes a charge arises from dubious allegations. A defendant might question the credibility of an accuser, especially if they may have had an improper motive. Or a witness might have made an honest mistake based on misinterpreting something that they saw or heard.
A defendant also might argue that any sexual interactions occurred outside the scope of the relationship. For example, perhaps a psychotherapist started going out with a former patient long after their course of treatment ended. Perhaps a teacher began dating a former student years after they graduated.
A legitimate reason sometimes exists for certain forms of contact that could be interpreted as sexual under ordinary circumstances. For example, a correctional employee might need to touch various areas of a prisoner’s body during a reasonable search for contraband. A school nurse might need to touch certain parts of a child’s body to evaluate an injury. This type of explanation might provide a valid defense to a charge of sexual misconduct.
Every suspect has certain rights under the Constitution, such as the Fourth Amendment protection against unreasonable searches and seizures and the Fifth Amendment protection against self-incrimination. Any evidence obtained in violation of the Constitution may be excluded from the case, which could prevent the prosecution from getting a conviction.
Penalties for Sexual Misconduct Involving Authority Figures
A defendant who abused a position of authority or trust to engage in sexual misconduct probably will face time in jail or prison. The potential terms vary significantly, but here are some examples:
- Arkansas: 3-10 years for a clergyperson who uses their position of trust or authority to have sex with the victim
- Connecticut: 1-10 years for a psychotherapist who has sex with a patient during a psychotherapy session
- Kentucky: 1-5 years for a person in a position of authority or special trust who subjects a minor under 18 to sexual contact
- New Hampshire: up to 7 years for an employee of a primary or secondary school who has sexual contact with a student
- Ohio: 12, 18, 24, 30, 36, 42, 48, 54, or 60 months for an employee of a detention facility who has sex with a person confined in the facility
- Washington: up to life for a defendant who has sex with a person with a developmental disability over whom the defendant has supervisory authority
A defendant also might be required to register as a sex offender. This could further undermine their efforts to get a job, education, or housing, as well as their overall social standing.
