[suffusion-widgets id=’2′]
Two schools in Delaware are facing allegations of student sexual abuse by teachers; one a middle school English teacher and the other a high school teacher and coach.
Related: What is the Difference Between a Private & Public School in a School Sex Abuse Case?
DE Middle School Teacher Accused of Sexual Abuse of 13 Year Old Student
A 22 year old Dover area middle school teacher has been accused of having a sexual relationship with a 13 year old student. The alleged acts occurred over the past few months. The teacher was hired last August, and the alleged acts began roughly 6 months later, in February. She has been charged with sexual abuse of a child by a person in a position of trust or authority. Source: www. delawareonline.com, “CR teacher faces sex abuse charge Dover police say”
High School Teacher/Coach Accused of Sexual Abuse
A 37 year old teacher and coach at a high school in Smyrna, Delaware has been arrested, and like the middle school teacher, also charged with sexual abuse of a child by a person in a position of trust or authority. According to an online news report, this coach was well-liked and popular. She is accused of having sexual contact with a 17 year old student. Delaware police are still investigating. Source: www. delawareonline.com, “Smyrna teacher charged with sexual abuse”
Related: Parents Alert: Sexual Abusers Often Give Victims Drugs & Alcohol
School Liability in Teacher Sex Abuse Cases
There are many people who believe that teachers who engage in sexual contact with an older student, such as a 17 year old, are not engaging in as morally reprehensible behavior as sexual abuse of a young child. While this might be true, the reality is that the law protects school aged children, no matter the age.
Delaware Law – Sexual Abuse by a Person in a Position of Trust, Authority or Supervision Over a Child
In 2010, the Delaware legislature amended multiple laws in Delaware to close a loophole which allowed certain individuals to get away with sexual abuse. One of the key amendments was creation of the crime, Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision. See Title 11, Delaware Code § 778 (1st degree) and § 778A (2nd degree).
Under Title 11, Delaware Code § 761(e), the new criminal laws apply to the following classes of persons:
- family members, guardians or those with custody over a child;
- teachers, coaches, counselors, advisors, mentors, or anyone who provides instruction or educational services, including volunteers;
- babysitters, child care providers, or child care aides;
- health professionals, including doctors, dentists, nurses, therapists, social workers, etc.;
- members of the clergy, including volunteers; and
- law enforcement or corrections personnel.
In addition, there is a catch-all. Basically, anyone who stands in any type of supervisory role over a child can be held liable for the crime of Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision.
If you or a loved one was sexually abused or assaulted by a teacher, please call our office for a free legal consultation. Click To Call
DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice. It is crucial to speak to a qualified lawyer prior to making any decision about your case. Read full disclaimer at the bottom of this page.
*The following code section is current as of May 1, 2014.
Title 11 Delaware Code § 778, Delaware’s Institutional Sex Abuse Criminal Statute
11 Del. C. § 778 (2014)
Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties
A person is guilty of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree when the person:
(1) Intentionally engages in sexual intercourse with a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(2) Intentionally engages in sexual penetration with a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(3) Intentionally engages in sexual intercourse or sexual penetration with a child who has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday when the person is at least 4 years older than the child and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(4) Intentionally engages in sexual intercourse or sexual penetration with a child and the victim has reached that child’s own sixteenth birthday but has not yet reached that child’s own eighteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(5) Engages in an act of sexual extortion, as defined in § 774 of this title, against a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
(6) a. 1. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (1) of this section is a class A felony.
2. Notwithstanding any law to the contrary, a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) shall be sentenced to life imprisonment without benefit of probation, parole or any other reduction if:
A. At the time of the offense the person inflicts serious physical injury on the victim; or
B. The person intentionally causes serious and prolonged disfigurement to the victim permanently, or intentionally destroys, amputates or permanently disables a member or organ of the victim’s body; or
C. The person is convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in this paragraph (6) against 3 or more separate victims; or
D. The person has previously been convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree, unlawful sexual intercourse in the first degree, rape in the second degree or rape in the first degree, or any equivalent offense under the laws of this State, any other state or the United States.
b. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section is a class B felony. Notwithstanding any provision of this title to the contrary, the minimum sentence for a person convicted of sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (2) of this section shall be 10 years at Level V.
c. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (3) of this section is a class B felony.
d. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (4) of this section is a class C felony.
e. Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree as set forth in paragraph (5) of this section is a class D felony.
(7) Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.
HISTORY: 77 Del. Laws, c. 318, § 6; 70 Del. Laws, c. 186, § 1.
