Memphis Injury Lawyer Blog

School teachers have daily contact with our children. Almost all of these under paid educators are not only molding our young, but are protectors of them as well. Sadly, as a Memphis trial lawyer who tries cases all over our state, I have seen predators in sheep's clothing: teachers who rape their students. Whether this abuse is by consent of the child, the physical contact is not only criminal battery but it is also grounds for a civil lawsuit. But, not all situations are the same in all states. A Washington state appeals court has recently decided that their criminal law of rape of a child by a school teacher was only designed to protect students who were under the age of 18.

This issue is not isolated from the mid-south. A Sumner County school teacher has been arrested for allegedly having sex with several of her students who were under 18 at the time of the supposed conduct. Whether this woman (who must be presumed innocent until proven guilty beyond a reasonable doubt) is found guilty or not, the situation does highlight the problem for all of us.

Tennessee sexual battery by an authority figure law and Tennessee rape statutes both provide ample authority to punish those who take advantage of their positions of trust. In Memphis,if a child is sexually abuse by a teacher-predator, the law is there to deal with the situation from the criminal law perspective. However, such a convicted teacher can also be sued in civil court for the horrible injuries that result from such conduct:

CIVIL 8.02 Definition—Battery
A battery is any intentional, unlawful, and harmful [or offensive] physical contact by one person with another person. The intent required for a battery is not an intent to cause harm. It is an intent to do the act that causes the harm.
CIVIL 8.03 Right to Recover
A plaintiff who has suffered any bodily harm legally caused by a battery by a
defendant is entitled to recover damages from the defendant for that injury.

So if the wrongful physical contact is sexual or if the offensive behavior is hitting a child, there is a remedy. These types of violations do occur and parents need to be aware of what can be done so that another child does not fall victim.