I pretty much agree too, but like yourself feel that the whole authority thing is a tricky issue. Certainly, there should not be the excessive penalties there are at present, but there remains a danger that a child would feel that they have to do what an adult suggests, even if the adult is very clear that that is not the case.
After all, we have had a similar experience with adults who feel coerced even when an authority figure assures them that they do not need to comply. I am talking about traffic stop searches ⚠️ ↗. In the article linked, it is noted that even with very strong efforts to inform citizens of their rights, nearly ninety-five percent of motorists consented to have their vehicles searched by a police officer. This court in New Jersey determined 'The cumulative effect has been that we no longer have confidence that a consent to search under Johnson truly can be voluntary or otherwise reasonable without modifying the Johnson standard. "'Consent' that is the product of official intimidation or harassment is not consent at all. Citizens do not forfeit their constitutional rights when they are coerced to comply with a request that they would prefer to refuse."'
Of course, most states have not ended the practice of officers asking motorists to consent to a suspicionless search, and it is no great surprise that most persons feel coerced under the circumstances - they know that if they refuse the search officers might remember them and target them in the future. This is true even if the officer actually requesting the search is a paragon of virtue.
Likewise, a child under the direct control of a teacher, a child who may have been instructed by their parents to always cooperate fully with the teacher, may interpret events differently than the teacher. This does not mean that a teacher-student sexual relationship is necessarily bad (in fact, it could be very good) but it does mean that authority figures need to seriously consider that just because it appears consensual to them doesn't mean that it appears consensual to a child. I'm in favor of laws prohibiting fraternization between authority figures and their charges while they are in a direct relationship of presumed authority. However, I also think the punishments meted out for violations should be reasonable (a small fine, or no more than a few months imprisonment in the most egregious cases), and I don't believe there should be any penalty where there is no assumption of authority and the child has been duly informed of this fact.
GirlChat #457811
Re: I agree with your re-writes...
Posted by Baldur on 2009-January-01 04:59:10 EST, Thursday
In reply to I agree with your re-writes... posted by Dissident on 2008-December-31 20:13:15 EST, Wednesday
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- Authority vs. AUTHORITY - 28 on 2009-January-01 15:00:06 EST, Thursday - (0 / 0 / 0)