A Female Teacher Gets Probation for Sex with a Student, Would it Have Been Different for a Male?- Law Offices of Tim Powers, Denton, Texas

Posted By Tim Powers || 25-Feb-2014

According to nypost.com , 25-year-old Nikki Scherwitz will be getting 10 years of probation vs. jail time for having inappropriate sexual relations with a 16-year-old student. Scherwitz got probation time vs. jail time for writing an apology letter to the student’s mom and to the school district in Freeport, Texas. She was also fined $5,000 and was forced to quit her job at the high school. Scherwitz is not allowed to be near any minors.

It is a crime in the state of Texas for a teacher or administrator to have sexual relations (consensual or non-consensual) with a student regardless if they are 17-years of age. According to the Texas Penal Code, it is considered a felony for an educator to cross those lives.

Texas Penal Code: 21.12
“An employee of a public or private primary or secondary school commits an offense if the employee:
1. Engages in sexual contact, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which employee works;
• An offense under this section is a felony of the second degree”

There was a great deal of public outcry over the sentence by citizens in the school district. The overwhelming theme they seemed to echo was the fact that most male teachers who are charged with the same offense receive jail time. The unfortunate double standard is that most female teachers do not.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899

*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, Tarrant County, Collin County, or Dallas County criminal case

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