A teacher has applied to have charges of sex with a year 12 student dropped, claiming the young boy “plainly wanted” it.
The married 31-year-old women allegedly had sex with the 17-year-old four times in North Queensland between March and May last year.
“There is just a complete dearth of evidence [of exploitation],” the woman’s barrister, Sean Holt, QC, told Townsville Magistrates Court on Thursday.
“The Crown case is, at its highest, a 17-year-old describing sexual encounters which he plainly wanted and, in fact, often initiated.”
Mr Holt also asserted the teacher could only be charged with procuring because the student was past the age of consent.
The student described the conversation that kicked off the dalliance to police.
“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’,” the court heard.
“I said, ‘Would you ever have sex with a student?’ She shrugged her shoulders.”
The boy said the teacher later contacted him asking: “Want to chill?” or “Want to do something tomorrow night?” before allegedly picking him up at 7pm with a six-pack of beer.
The court heard the pair talked about the woman’s husband before the student touched her leg and eventually had sex.
Mr Holt said the boy had said his memory was unclear, but claimed the leg touching proved the student had initiated the affair.
“Far from being exploitative, or even procuring, the first move is made by [the student],” Mr Holt said, and Magistrate Peter Smid noted the boy was carrying a condom.
The boy said he stopped the affair out of fear of being court.
“The point isn’t whether he consented to or engaged in sexual activities,” Prosecutor Len Brown said. “The point is whether he was exploited.”
Mr Smid will deliver his choice as to whether the case is dismissed on January 19th.
