NRS on Sexual Misconduct Cases Involving Educational Professionals

As unfortunate as the thought is, sexual assault cases by teachers towards a student actually occur and they are rising on a very alarming rate. In Nevada, such teacher-student sexual encounters have happened in considerable numbers, with one prominent case being that of John Stalmach and Bambi Dewey who engaged in a three-way sexual act with their student at the Clark County School District. However, because the student in question was at the age of consent, all charges were dropped and no conviction was made.

This incident was a watershed moment that led to an overhaul in Nevada’s Revised Statutes regarding sexual misconduct involving teachers and students. Apart from defining which school staff are liable to such charges (teachers, administrators, school sports staff, guidance counselors, teaching aides, and administrative staff), it also set the bar for the age coverage for the charge. Now any educational staff can be convicted for sexual misconduct regardless of whether or not the student in question was a minor. It also covers which acts constitute sexual misconduct. Now, even lascivious communications (like sexting) can be considered enough for the charge.

Educational professionals charged with sexual misconduct with a minor within the age of consent face a category C felony charge, between one and five years in state prison, $10,000 in fines, and a sexual offender registry requirement.

Committing sexual misconduct with minors below the age of consent can vary between Category B felony charges if they are teenagers, or a lewdness with a minor conviction for anyone below 12 (and an automatic life charge if convicted).

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