The NSW Attorney-General is considering changes state laws after a Port Stephens school teacher used a legal loophole to escape punishment for having sex with a 17-year-old student.
The Daily Telegraph reports the Court of Criminal Appeal ruled the 49-year-old did not break the law because the student was not in his class, and therefore not under his supervision when they started their sexual relationship.
The District Court Judge ruled in favour of the defence because she said she agreed the student would have to have been under the "sporting instruction" of the teacher at the time for a crime to have occurred.
It's alleged the teacher was initially charged with three counts of having sex with a person between 17-18 who was under his "special care". The incidents occurred in 2015 when the girl was in year 12.
Mark Speakman said he'll consult with stakeholder groups over the next couple of weeks on how the law can be changed.
"No child should ever be taken advantage of in a student teacher environment when that teacher is currently responsible for the student or has been in the past. When parents send their children to school they trust it is a safe place. Any changes I bring forward will better protect students."
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| Attorney-General Mark Speakman. Image dailytelegraph.com.au |
