Most states prosecute educators (teachers) for improper sexual contact with students under the state’s statutory rape laws—which are premised on the student being under the age of consent recognized by law, even if the student was a willing participant.
But some states have enacted specific statutes making it a crime—often a felony—for an educator to have sexual contact with a student—even if the student has reached the age of consent (17 years of age, for example).
Laws vary from state to state, and laws governing sexual contact between educators and students are generally located in a state’s statutes—often in the penal or criminal code.
In Rhode Island, it is a criminal offense for an educator to engage in sexual contact with a student. The state has specific statutes that address the issue of sexual contact between teachers and students, which is separate from statutory rape laws. These laws consider the power dynamic and the position of trust and authority that educators hold. Rhode Island General Laws § 11-37-8.1 specifically criminalizes sexual contact between school employees and students, making it a felony for any school employee to engage in sexual penetration with a student enrolled in the school or school district where the employee works. This applies regardless of the student's age or consent, recognizing the inherent imbalance of power in such relationships. Violation of this law can result in severe penalties, including imprisonment and the possibility of being required to register as a sex offender.