FRANKFORT, Ky. (AP) _ A Kentucky lawmaker filed legislation on Wednesday that would criminalize consensual sex between teachers and most high school students by raising the state's age of consent to 18.
In Kentucky, teachers break no criminal laws by having sex with students, as long as the students are at least 16 years old and willing participants. The proposal up for consideration in the General Assembly would allow prosecutors to charge teachers with statutory rape for having sex with students 17 or younger.
State Rep. Kathy Stein, chairwoman of the House Judiciary Committee, said the proposal is in reaction to the large number of sexual misconduct allegations against teachers in Kentucky and nationally.
In Kentucky, education officials handled nearly 100 sexual misconduct allegations against teachers from 2001 through 2005. The allegations ranged from minor violations like using sexual language to more serious, criminal acts such as inappropriate touching and even sodomy and rape.
Similar allegations led states across the country to take action against the teaching licenses of 2,570 educators over the five-year period, according to a seven-month Associated Press investigation. Young people were the victims in at least 1,801 of the cases, and more than 80 percent of those were students.
"The ages between 16 and 18 are years that young people have not fully matured, and we believe it's appropriate to raise the age of consent from 16 to 18 based on some unfortunate situations that have occurred across the commonwealth," said Stein, D-Lexington.
In the past six years, states including Alaska, Connecticut, Indiana, Kansas, Louisiana, Michigan, Nevada, Oklahoma, Texas and Washington have enacted measures similar to the one being proposed in Kentucky. New York and South Carolina lawmakers are considering following suit.
The Education Commission of the States said Ohio and Maine have had laws criminalizing such conduct since 1994 and 1995, respectively.
Only eight states have set 18 as the age of consent for both men and women, said Jennifer Boyter, senior policy analyst for The Council of State Governments in Lexington. In the vast majority of states, Boyter said, 16 is the legal age of consent.
Stein, D-Lexington, said she hasn't encountered any opposition to the Kentucky bill, even though it has been publicly discussed since November.
The Kentucky Education Association hasn't taken an official stand on the initiative, said Sharron Oxendine, president of the group that represents 35,000 teachers and other public school employees.
"But I would think there is no reason for us not to support it," Oxendine said. "Our ultimate goal is to protect the students at all costs."
Stein said the proposed Kentucky legislation isn't aimed solely at teachers but at everyone in positions of authority who may draw teens into sexual relationships.
The bill would exempt married couples.
A former Democratic lawmaker, J.R. Gray of Benton, was first to propose the measure after hearing of a western Kentucky case in which prosecutors had been unable to charge a high school teacher with a criminal offense even though he allegedly had sex with a 16-year-old student.
After Gray resigned to become labor commissioner in Gov. Steve Beshear's administration, Stein took over the drafting and introduction of the legislation.
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