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 Ohio, it is illegal for educators, including teachers, to engage in sexual conduct with a student, regardless of the student's age or consent. Ohio law specifically addresses the issue of sexual conduct between teachers and students under Ohio Revised Code Section 2907.03, which prohibits sexual battery. This statute makes it a crime for any person in a position of authority, such as a teacher, to engage in sexual conduct with a minor who is not their spouse when the authority figure is at least four years older than the minor. Additionally, Ohio law considers it a felony for a teacher or other person in a position of trust or authority over a student, regardless of the student's age, to engage in sexual conduct with that student if the student attends the school where the teacher or person works. The relevant statutes take into account the inherent power imbalance in the teacher-student relationship, which is why consent from the student is not a defense for the educator in such cases.