Penalties for a Teacher Having Sex with an Under-Age Student

 

It is reported that on or about 16 October 2019, 36-year-old Texas high school teacher, Randi Chaverria allegedly performed oral sex on a student in her classroom on two occasions at the Round Rock High School during her employment there.

Chaverria who was a family and consumer science teacher was awarded ‘Teacher of the Year” only 6-months prior to these allegations surfacing.

She voluntarily handed herself in to the Williamson County Prison last Tuesday and was granted bail shortly thereafter.

It is alleged that the student to whom she allegedly performed the oral sex on has told police that “on several occasions” she called the him and had sexual contact which included oral sex.

The student has told police that she performed oral sex on him twice in her classroom.

The prosecution case will ultimately rely upon the text messages between the two to substantiate what the student has complained of in respect to their relationship.

Chaverria resigned from her teaching role on 19 November. By that stage, she was teaching for about 5-years and taught as a family and consumer science teacher for the last two years.

Meanwhile, upon the Round Rock High School becoming aware, Principal Matt Groff wrote to the students’ parents:

“Once notified, the teacher, who had elected to take leave before administration received the report, was immediately reported to the District’s Human Resources Department and law enforcement and not permitted to return to campus.”

Mr. Groff also advised that it has also been reported to the State Board for Educator Certification.

Chaverria before commencing role with the school as teacher had passed the requisite background checks and reference checks.

She has also been involved in the “Adopt-A-Child” community project which involved elementary school students who’re in need to be adopted by high school students who would purchase them with holiday gifts.

For more information on this topic, call our experienced Sydney criminal lawyers for a free consultation.

Penalties for a Teacher Having Sex with an Under-Age Student

Sexual intercourse is considered any sexual connection from the penetration of the genitalia. It includes introducing any part of the penis into the mouth of another person (section 61HA(b) Crimes Act 1900 (NSW)).

The act of sexual intercourse with anyone who is aged under 16 in NSW is a crime regardless of whether or not there was consent, expressed in section 66C Crimes Act 1900 (NSW).

The offence of having sexual intercourse with a person under 16 attracts a maximum sentence ranging from 10-years to life in prison, depending on the age of the victim and circumstances of the sexual intercourse.

The following penalties apply depending on the various categories of this offence:

  1. 16-years imprisonment if sexual intercourse occurs with a child aged at-least 10-years but under 14.
  2. 20-years imprisonment where the above (2) occurs in circumstances of aggravation.
  3. 10-years imprisonment if sexual intercourse occurs with a child aged at-least 14-years but under 16.
  4. 12-years imprisonment where the above (3) occurs in circumstances of aggravation.

Circumstances of aggravation here includes a situation where the sexual intercourse occurs between teacher and student. It also includes any one of the following scenarios:

  • Where the victim is deprived of his/her liberty by the offender.
  • Where the victim was under the influence of drugs or alcohol, and the offender took advantage of this, in order to commit the crime.
  • The victim is cognitively impaired or has a serious physical disability.
  • The offender at the time was in the company of another person or persons.
  • The offender threatened to commit actual bodily harm to the victim or anyone nearby by means of an offensive weapon or instrument at the time.
  • The offender inflicted actual bodily harm on the victim or any other nearby person at the time.

Click here to find out the consequences of being convicted of a child sex offence in NSW.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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