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 Wisconsin, it is illegal for an educator to have sexual contact with a student, regardless of the student's age. Wisconsin law specifically addresses the issue of sexual relationships between teachers and students under statutes that criminalize sexual assault by school staff. According to Wisconsin Statute § 948.095, it is a felony for a current or former school staff member to engage in sexual activity or have sexual contact with a pupil who is enrolled at the same school where the staff member works or has worked. This law applies even if the student has reached the age of consent, which is 18 in Wisconsin. The statute is designed to protect students from being exploited by individuals in positions of power and authority, such as teachers and other school staff. Violations of this law can result in severe penalties, including imprisonment and fines, and can have long-lasting effects on the professional and personal life of the educator involved.