A high school teacher accused of having sex with a Year 12 student has applied to have charges against her dropped because the boy ‘plainly wanted’ it.
The married woman, 31, allegedly had sex with the boy, 17, four times in North Queensland – including at a beach – between March and May last year.
The woman’s barrister, Sean Holt, QC, told Townsville Magistrates Court on Thursday the teacher could only be charged with procuring because the student was past the age of consent.
A Queensland teacher, 31, has been charged with having sex with a boy, 17, (stock image)
Lucinda Beach, north of Townsville, where a teacher is alleged to have had sex with a student
A charge of procuring requires an element of sexual exploitation to be proven, the Townsville Bulletin reported.
‘There is just a complete dearth of evidence (of exploitation),’ Mr Holt told the court.
‘The Crown case is, at its highest, a 17-year-old describing sexual encounters which he plainly wanted and, in fact, often initiated.’
While the woman taught at the boy’s school he was not his teacher, Mr Holt said. The pair’s contact allegedly began with a conversation in a school hall.
According to Mr Holt, the boy told police he had the following conversation with the teacher:
‘She said something along the lines of “Would you ever sleep or have sex with a teacher?” I said “I don’t know”. She said “Ah”.’
‘I said “Would you ever have sex with a student?” She shrugged her shoulders.’
Mr Holt told the court the boy had said his memory was unclear.
The 31-year-old teacher appeared in Townsville Magistrates Court (pictured) on Thursday
While the 31-year-old woman taught at the boy’s school he was not his teacher (stock image)
The boy told police the teacher later contacted him and said ‘Want to chill?’ or ‘Want to do something fun tomorrow night?’
The teacher allegedly picked the boy up at 7pm the next day and the pair drove to Crystal Creek, north of Townsville, with a six-pack of beer.
Mr Holt said the boy told police the pair talked about the woman’s husband, then he touched her leg, which led to sex.
‘Far from being exploitative, or even procuring, the first move is made by (the student),’ Mr Holt said.
Magistrate Peter Smid noted the boy was carrying a condom.
The court heard the woman took the boy to Crystal Creek, north of Townsville, to have sex
Mr Holt told the court a week later the teacher allegedly took the boy to Lucinda Beach, also north of Townsville, where they again had sex.
On the last occasion the pair had sex, the boy had allegedly asked the teacher to come over when his parents were not home.
Mr Holt said the boy told police he ended the relationship with the teacher because he was worried about being caught.
Prosecutor Len Brown said the charges should go to trial.
‘The point isn’t whether he consented to or engaged in sexual activities,’ Mr Brown said. ‘The point is whether he was exploited.’
The teacher, student and school cannot be named.
Mr Smid will deliver his decision on whether the charges should be dismissed on January 19.
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