Having sex with teen students 'no offence' for teachers in Queensland
CANBERRA: Teachers in Queensland who have sex with 16 or 17-year-old students in their care might not be breaking the law, unlike Victorian laws that consider it an offence, a tribunal ruling has suggested.
Victorian laws make it an offence for teachers to have sex with students belonging to this age category under their care, supervision or authority, regardless of how or whether consent was given.
In Queensland, however, prosecutors would be required to pursue a rape charge and prove that either the student did not consent or that the teacher actively exercised authority to gain consent forcefully, the Brisbane Times reports.
The revelation came after the Queensland Civil and Administrative Tribunal (QCAT) ruled that Stephen Peter Morrow, a Victorian teacher who got a 17-year-old student pregnant might not have committed an offence if it had happened in Queensland.
Morrow had pleaded guilty to five counts of sexual penetration with a 16- or 17-year old child under his supervision, and was earlier jailed under the Victorian Crimes Act.
Morrow had a teacher's registration in Queensland, and was therefore subjected to a disciplinary proceeding in the state.
Although the Queensland College of Teachers asked QCAT to end the disciplinary matter, arguing that his conviction has made him not eligible to teach in Queensland, QCAT rejected the plea.
"His actions would not have constituted the offence of maintaining a sexual relationship with a child in Queensland," the paper quoted tribunal, as saying.
"It is not known whether his actions would have constituted the offence of rape. Therefore, the tribunal is unable to be satisfied that Morrow's actions would have constituted an offence as specified, if committed in Queensland." it added.
It also said that a charge of maintaining a sexual relationship with a child under the Queensland Criminal Code could not be brought against Mr Morrow because the girl was over 16.
Victorian laws make it an offence for teachers to have sex with students belonging to this age category under their care, supervision or authority, regardless of how or whether consent was given.
In Queensland, however, prosecutors would be required to pursue a rape charge and prove that either the student did not consent or that the teacher actively exercised authority to gain consent forcefully, the Brisbane Times reports.
The revelation came after the Queensland Civil and Administrative Tribunal (QCAT) ruled that Stephen Peter Morrow, a Victorian teacher who got a 17-year-old student pregnant might not have committed an offence if it had happened in Queensland.
Morrow had pleaded guilty to five counts of sexual penetration with a 16- or 17-year old child under his supervision, and was earlier jailed under the Victorian Crimes Act.
Morrow had a teacher's registration in Queensland, and was therefore subjected to a disciplinary proceeding in the state.
Although the Queensland College of Teachers asked QCAT to end the disciplinary matter, arguing that his conviction has made him not eligible to teach in Queensland, QCAT rejected the plea.
"His actions would not have constituted the offence of maintaining a sexual relationship with a child in Queensland," the paper quoted tribunal, as saying.
"It is not known whether his actions would have constituted the offence of rape. Therefore, the tribunal is unable to be satisfied that Morrow's actions would have constituted an offence as specified, if committed in Queensland." it added.
It also said that a charge of maintaining a sexual relationship with a child under the Queensland Criminal Code could not be brought against Mr Morrow because the girl was over 16.
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