The LAUSD teacher-student sex scandal added another suspect after an 18-year-old boy reported having been seduced by 42-year-old Gabriela Cortez of Montebello. Soon, another “victim” was found, and the Spanish teacher was arrested soon thereafter. Cortez is youthful looking, and her booking photo is surprisingly flattering, so it doesn’t appear that the boys were subjected to any serious trauma, but nevertheless teachers having sex with students is still considered a crime, even when the students are past the age of consent.
Unlike the allegations against against Mark Berndt, who is alleged to have done truly vile things to very young children, this case is quite minor, but it does bring up a couple of issues. First, there is the question of whether it should even be a crime when adults sleep with adolescents. This is not to say that it should be acceptable for teachers to do so, but wouldn’t termination be more appropriate than arrest and incarceration? Parents should have the option of suing the adult, but when the youth is past the age of 16 criminal prosecution should probably be off the table.
Secondly, it exposes a contradiction inherent in our law regarding sex. Supposedly, a male of any age is equally as responsible for sex as a female when it comes to child support. In fact, he is more responsible, because he has no choice as far as carrying the child to term. This being the case, how can a woman be held criminally liable for sex with a male of any age? In this case, if Cortez had been impregnated, the student would have been liable for child support, even as the teacher is charged with a crime. How does that make any sense?