If a 15 year old male finds a 24 year old teacher attractive. This teacher was sexually abused in the past is also male and is gay as well. The boy hooks up with him while the man is drunk. He's so drunk he can't stand up straight and he tried to say no but came out rather slurred and misunderstood. They had anal sex the 15 year old being the top. The teacher at one point froze up seemed removed mentally from what was actually happening. Would the boy be the rapist? Or would the teacher be because he was the one who was supposed to be in charge being the adult and a teacher at his school. Who would get charged with sexual assault and the like? Who would the victim be in this case?
Are we to assume that you are either the teacher or the young student? Because this seems a very disturbing situation to be thought out of nothing...
they're neighbors the boy helped him in his house because he was really drunk. Oh ok so he could report it. But what if the boy said he wanted it and convinced him to have sex with him though? I mean aren't law enforcement more likely to side with minor considering he's an adult.
Obviously if the boy lies about what happened then the police/courts may make the wrong decision. But given the situation that you have outlined the boy has committed rape - the man has not done anything wrong. Unprinted has outlined the legal logic behind that being the case.
Why was he drunk around the kid in the first place?
If the teacher is penetrating the kid, then is kid is riding the teacher('s penis) and therefore the kid cannot be convicted of rape according to the law.
no I was disoriented when I said that actually meant the teacher was riding the 15 year old. My bad...
Obviously if the boy lies about what happened then the police/courts may make the wrong decision. But given the situation that you have outlined the boy has committed rape - the man has not done anything wrong. Unprinted has outlined the legal logic behind that being the case.
so it would probably be best for him to say nothing and move on I guess.
If a 15 year old male finds a 24 year old teacher attractive. This teacher was sexually abused in the past is also male and is gay as well. The boy hooks up with him while the man is drunk. He's so drunk he can't stand up straight and he tried to say no but came out rather slurred and misunderstood. They had anal sex the 15 year old being the top. The teacher at one point froze up seemed removed mentally from what was actually happening. Would the boy be the rapist? Or would the teacher be because he was the one who was supposed to be in charge being the adult and a teacher at his school. Who would get charged with sexual assault and the like? Who would the victim be in this case?
Goodness.
Legally I suppose the teacher has committed statutory rape, drunk or not, bottom or top. This is exacerbated by position of trust, the argument will be that he shouldn't have got drunk with a 15-year-old pupil in any case. The 15-year-old may I suppose be open to a charge of sexual assault of the teacher which is very unlikely to be brought.
Morally the teacher is certainly a victim and the boy is a rapist. But the teacher has also committed gross professional misconduct by allowing the situation to come about, and he is probably to be considered unsuitable to continue teaching, and I would recommend intensive therapy for his issues.
Legally I suppose the teacher has committed statutory rape, drunk or not, bottom or top. This is exacerbated by position of trust, the argument will be that he shouldn't have got drunk with a 15-year-old pupil in any case. The 15-year-old may I suppose be open to a charge of sexual assault of the teacher which is very unlikely to be brought.
Morally the teacher is certainly a victim and the boy is a rapist. But the teacher has also committed gross professional misconduct by allowing the situation to come about, and he is probably to be considered unsuitable to continue teaching, and I would recommend intensive therapy for his issues.
yeah I kind of feel though he didn't agree to it how to actually prove that would be tougher and he'd only be sendig himself into legal trouble.
Legally I suppose the teacher has committed statutory rape, drunk or not, bottom or top. This is exacerbated by position of trust, the argument will be that he shouldn't have got drunk with a 15-year-old pupil in any case. The 15-year-old may I suppose be open to a charge of sexual assault of the teacher which is very unlikely to be brought.
From a legal perspective this is absolutely wrong.