common sense vs. the law

by jackie sheeler on December 7, 2008

when a society is ruled by laws, common sense flies out the window. if there is a law dictating that anyone who spits on the sidewalk must go to jail, then a 95 year-old with throat cancer who is no longer able to swallow will be sent to jail for spitting on the sidewalk.

yes, that imagined example is extreme, but its extremity helps to make the point of how the law cannot be fair if it cannot be tempered with common sense.

looks like another teacher is losing her career and about to go to jail for sleeping with a teenager. she is 35 and the student was 16.

i ask you: how many 16-year-old boys wouldn’t jump at the chance to sleep with an attractive older teacher? (lisa glide doesn’t look like much more than a teenager herself in the photo.) those boys wake up every morning dripping with their own semen; estimates on how many sexual thoughts they experience each day range up in to the thousands. the supersized sexual hunger of the average teenage male is so well-known it is beyond cliche — a simple raised eyebrow or rolled eye acknowledges what everyone knows to be true.

do you think the average 16-year-old boy is “damaged” in some way if an older woman sleeps with him? i don’t — i think he’s most likely learning some things he really needs to know and having a cracking good time learning them. he’s going to fall asleep every night for weeks dreaming of exactly what they did together and auditioning for a do-over.

mrs. robinson is a social archetype for a reason.

turn it around: the 35 year old guy and the 16 year old virgin girl, who does not wake up sticky with orgasmic juice and dreams of being loved rather than getting laid. who can easily be made to believe that an older man is offering love when all he is offering is sex. she won’t smile herself off to sleep in a fever of recalled coitus; she’s going home with blood on her panties and will stay up all night weeping because he didn’t say he loved her.

but we have one-size fits all laws.

do i think it’s okay for teachers to sleep with their young students? nah, it’s probably always a bad idea. but the law is not about that, the law is about rape, and it’s the crime of rape — “sexual assault” – that lisa glide is charged with. if you define rape as unwanted sex, i submit that it’s just about impossible to rape a teenage boy. he can barely keep the fucking thing in his pants! he is one big finger looking for a hole in the dyke. and then he finds one! and then…SHE gets locked up.

give me a fucking break.

does this boy feel as if he’d been assaulted? was he damaged in some way by their romps? if so, then there is reason for an investigation. but if he, as a typical teenage hormonemonger, bragged to friends about this conquest and came looking for a repeat, can anyone seriously believe that a crime has been committed?

it’s unspeakably ridiculous. i’m all for protecting young people, but we need to protect them from harm.

i don’t know how the law can be rewritten to account for consensual sex between a minor and a major. that’s the problem with law in general, it has no common sense. everything is black or white and utterly absolute.

does the world look that way to you? right/wrong, black/white, yes/no, and nothing in the middle?

do you think this teacher should be fired and tried for the crime of rape?

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jackie sheeler December 9, 2008 at 8:16 am

i want to thank melissa and marcus for their very thoughtful comments — they both made a lot of good points. it’s a complex question, and there’s never going to be one right answer. my hope is that we, as a society, can find a better way of handling these things than automatically sending someone to jail based solely on their age. unquestionably, some of these major/minor sexual encounters are horrendous and jail time is absolutely the correct response. i simply don’t think it’s the correct response in every case. perhaps not even in most cases.

Greg December 9, 2008 at 10:09 am

Jackie, the whole concept of teenage boys wanting nothing more than to get laid, and these hot teachers providing that for them sounds like common sense on the surface, but let’s think of that for a minute. How would the public react to teacher who was older and far less pleasant to look at (someone he would be less apt to brag about), and a boy who was, say 15 instead of 16. Now the case looks more like manipulation and taking advnatage than it does a no brainer for both parties, but if the law allowed for the teenage boys to get it wherever they could, teachers not excluded, then the manipulative relationship would be legal, and common sense would again be under assault. The point is, as much as a kid wants to hook up with his teacher, it is unethical and wrong for the teacher to take advantage of that.

As far as the legal response, the point is to make the penalty tough enough so that those who might be influenced by witnessing the results will be deterred and those who commit the crime can suffer only as much as is necessary to correct the behavior. It is a very tough balance to hit and rarely do the results have full agreement. If we start tailoring too much, then we have what there is already too much of, injustice -This teacher was hot, so let’s not punish her. That teacher was fat an ugly, so she should get more jail time because the kid surely didn’t want to sleep with her without being manipulated. You see how it doesn’t work? So in the end, one rule, everyone follows it, and justice SHOULD be blind.

In the end, she knew better but ultimately she broke the law and destroyed her career over sex with a teenage boy, something that most women will tell you is usually way below par. What does that tell us? It tells us that she either has no regard for the law, no regard for the kid’s personal boundaries (as mentioned above), no regard for her career, poor judgement, some form of mental illness, or some combination of the above. Whatever the case may be, something is rotten in Denmark and it is a good thing it was caught and is being dealt with.

And I cannot imagine what it would be like for this kid, at 16, for the rest of his highschool career. What has he learned? Should he hit on any teacher he has a crush on? How confused will he be when this is discouraged to the point that he finds it is EXTREMELY inappropriate? Bad enough to be thinking of your math teacher’s thong at that age, but to be thinking she rejected you, and then you only got a 72 on the final- is it because she doesn’t think you’re good enough to sleep with- was she insulted? Maybe you should have sent flowers first? Hormones also have a way of screwing with anger and rage, and those are the years we’re supposed to be getting that under control. I would not want to be in this kid’s head for the next few years.

jackie sheeler December 17, 2008 at 5:26 am

this isn’t quite “again” — there’s a universe of difference between 13 years old and 17 years old. at 13, i agree that it is assault.

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