Teacher Smackdown

In Erie, Pennsylvania, substitute teacher Erica L. Baker, 24, was arrested on charges that she had sexual contact with a female student over the summer. She is charged with a first degree misdemeanor - three counts of corruption of minors.

Baker was working at Pfieffer-Burleigh Elementary School until the district suspended her. Previously, Baker was a student teacher at Strong Vincent High School where she met the then 16-year-old student.

The two were originally friends then their relationship became sexual over the summer. The girl, who is still a student at Strong Vincent, would meet Baker and drive to a parking lot near the entrance to a local state park to have sex.

Court records show that Baker recently divorced, and is also known as Erica L. Mceldowney. Also, the arrest complaint also states that Baker admitted to the sexual relationship with the student.

An interesting part of this case is about the age of consent versus if the student gave consent to the sexual activity. By all reports the sex was consensual. However, the student’s consent did not prevent the district attorney’s office from arresting Baker. Instead, the police based the charges on student’s age rather than whether or not she agreed to have a sexual relationship with her teacher.

The laws in Pennsylvania:
1. The age of consent is 16.
2. A charge of corruption of minors applies to inappropriate contact (sexual or not) between a legal adult and someone younger than 18.
3. Sexual assault charges usually apply to cases where the sex if forced or in which the victim is younger than the age of consent.

Looks like the police had to charge Baker with corruption of a minor since the sex was consensual, the girl was 16, and she was not sexually assaulted.

According to Tina Cornell, supervisor of the children services office at the Stairways Behavioral Health, in the cases of student-teacher sexual relationships, it is about a person in a position of authority taking advantage of a child. Cornell feels that it is an abuse of power and that teachers should never take advantage of that power. She also believes that children in that position are not truly able to give consent.

Many states have sexual assault/abuse laws that deal with a “person in a position of authority.” Maybe it’s time for Pennsylvania to add that to its list. Then next time this happens, police can press better charges against teachers trying to take advantage of kids.

For more Pennsylvania Teacher Smackdowns, click here.