In Passanise's original motion, filed October 2, the attorney notes that the state says the sex between Njoroge and the student was consensual. The state statute prohibiting a teacher from having sex with a student is "unconstitutional," he said, "because it is overbroad. It prohibits conduct to which a person is constitutionally entitled along with conduct that a person has no right to engage in," referring to the student having reached the age of consent.
Passinise cited Lawrence v. Texas, noting "the U. S. Supreme Court held that consenting adults have a liberty right under the Due Process Clause to engage in private sexual conduct." That ruling, handed down in 2003 by a 5-4 margin, struck down sodomy laws in 13 states.
Passinise continues, "The 14th Amendment accords constitutional protection to personal decisions relating to marriage, procreation, family relationships, child rearing, and education."
Wampler filed a supplemental motion October 7 essentially restating the same points.
According to the probable cause affidavit from the Webb City Police Department, the acts that Wampler and Passinise say are protected by the U. S. Constitution took place over a three-month period and involved oral sex on multiple occasions and sexual intercourse on April 15, 2014, in Njoroge's office at Webb City High School.
R-7 officials placed Njoroge on paid administrative leave April 17, 2014, and she resigned the following day, according to a statement issued by the school district.
The motion to dismiss will be taken up during a 1 p.m. Friday, October 30, hearing before Judge David Mouton
Njoroge's trial was originally scheduled to take place this month, but the trial date was stricken and no decision has been made on a new date.
ReplyDelete"When Carrie Njoroge had sex with an 18-year-old male student, she was 'engaging in constitutionally-protected activity," according to motions to dismiss filed by the former Webb City High School choir teacher's lawyers,"
This accused offender is about to become internet famous.
She had sex w a student in her class room it is against the law period !!! If it is ok according to her constitutional rights then heck we will have teachers having sex w student all the time because it's their right. Throw the book at her !!!! She deserves jail time she was married w 3 little kids she is disgusting !!!
ReplyDeleteI am an educator. I did not even know this law existed prior to this case. I didn't need a law to tell me I shouldn't have sexual relationships with my students. If this law is struck down, the only people who will engage in inappropriate conduct with students will be the same people who would have done it with the law. It has only been a law for a few years. Either your post was sarcastic or you are jumping to conclusions.
DeleteThe information in the post is taken directly from court records.
DeleteThe 7:07 post was in response to the 3:09 post, not your article.
DeleteIs she on match.com yet?
ReplyDeleteSex 24/7 at a minimum. How dare we deprive her of that?!
ReplyDeleteHe was an adult, she was an adult. It is obvious this should NOT be a crime. Should it be professional misconduct, resulting in her losing her job? YES! (She already resigned, so it's a moot point though).
ReplyDeleteThe Government has no business making it illegal for 2 adults to have sex. The School District has a definite interest in making sure this activity does not occur on their campus / between their employees and pupils. Just make sure to notify future employers if she applies for a job as a teacher elsewhere.
"Just make sure to notify future employers if she applies for a job as a teacher elsewhere."
ReplyDeleteWith the climate in America today most employers will only verify that you worked for them at the times you mentioned on a resume. They are too afraid of a lawsuit to say anything detrimental to a potential employer.
@12:30 PM
ReplyDeleteIt is indeed true. But many employers use Google to look up their clients, and she's going to have no way of getting scrubbed off the internet for that. I would be fine with the government taking her license to be a teacher. What I'm not okay with is trying a woman (or man) for the "crime" of having consensual sex with another adult. That is ludicrous.
Certainly consensual sex between adults shouldn't be a felony.
--From 10:05 AM
She is a disgrace to all teachers who care and give so much of their lives to teach and help their students. She makes me sick.
ReplyDelete