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Third, it provides the basis for ignoring the judgments of the legislature on criminal law. There is no constitutional right of teachers to have sex with their students or students to have sex with their teachers.
Even if there is a constitutional right to adultery or homosexuality, there is no constitutional right to have sex with your superiors while you're studying under them.
Estrich's books include "Real Rape," "Getting Away with Murder: How Politics is Destroying the Criminal Justice System," "Dealing with Dangerous Offenders," "Making the Case for Yourself: A Diet Book for Smart Women" and "Sex & Power," currently a Los Angeles Times bestseller.
“Students can be really afraid of what the results of that could be, and that’s just not fair to them,” she said.
And short of such a right, it is up to the legislature to set society's standards for acceptable conduct. The fact that my fellow panelists don't happen to "like" it is no reason for it not to be enforced.
There are any number of criminal laws that I don't like.
If a boy should consider himself lucky to be the object of a teacher's attentions, then what does that say about the boy who complains?
The widespread view that it is only women or girls who have legitimate claim on the state to protect their sexuality is what has left both male-on-male and female-on-male claims of sex abuse in a sort of never-neverland, where there are barely no statistics, few recorded cases, and yet we all know that there are far more instances of abuse than officials recount.