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 Vermont, sexual conduct between educators and students is governed by specific statutes that address the power imbalance inherent in the educator-student relationship. Vermont law criminalizes sexual conduct between a school employee and a student under the age of 18, regardless of the student's consent. This is outlined in 13 V.S.A. § 3252, which defines sexual assault, and 13 V.S.A. § 3253, which addresses the circumstances under which sexual acts are prohibited, including those between school employees and students. The law recognizes that even if a student is at or above the age of consent, which is 16 in Vermont, the authority and trust vested in an educator create a situation where genuine consent may be compromised. Therefore, such conduct by educators can result in felony charges, reflecting the serious nature of the offense and the state's interest in protecting the welfare of students.