St John's College sex scandal: Male teacher wouldn't be charged either

St Johns College in Hamilton, where a female teacher quit amid allegations she had sex with two students. Photo / Google

A female teacher who allegedly had sex with two of her students cannot be prosecuted because the boys were over age and consenting - and it would be no different for a male teacher, a prominent lawyer says.

Philip Morgan, QC, said that in the eyes of the law the female teacher had done nothing wrong, even though her alleged actions amounted to professional misconduct.

Mr Morgan, who is based in Hamilton, said it was not an offence for a 16-year-old or older teenager to have sex as long as the situation was consensual and the person was not impaired or had dependent family members.

"Prior to that the law says you're really too young to make those decisions for yourself."

In this case the 23-year-old drama teacher, who the Herald has chosen not to name, resigned from St John's College in Hamilton on Friday amid allegations of inappropriate relationships with two students aged 17.

The allegations included sexual encounters and "sexting" or sending suggestive text messages.

Some of the incidents are alleged to have happened in the classroom. The situation only came to light when two sets of parents complained to the school.

The teacher was stood down while an investigation was carried out but she resigned before a disciplinary process could begin.

The matter is now being investigated by the New Zealand Teachers Council.

Hamilton Police, who received a complaint on Monday, said there was no criminal offending in the case and Mr Morgan said the only difference in the situation was that it involved a teacher and student.

He believed the law was adequate.

"Because by the age of 17 most young people these days are already sexually active, it's just they are doing it with people of a similar age and fellow students, not their teachers."

In a criminal sense he said there was no difference in a role reversal of the situation, even though society might be more appalled at an older male teacher becoming involved with a younger female student.

"It's obviously a matter of grave concern for any school, or possibly the Teachers Council, but if she's 17 and she's consenting it's not an offence and that's exactly the same if it's a female teacher and a male student."

Sex crimes were those that happened with children under 12, however there was a defence for sex with a child aged between 12 and 16, Mr Morgan said.

"You have a defence if the complainant consented and you're of much the same age."

He thought police would not bother charging two underage people in a consenting relationship and if one of them was over 16 they had a defence.

"If you prove that you have taken reasonable steps to find out if they are over 16 and you believed on reasonable grounds that they were, and the young person consented."

The teacher declined to speak to the Herald today when approached at her parents' Waikato farm.

A man and woman at her boyfriend's parents' home in Hamilton also declined to comment.

Yesterday St John's College principal Shane Tong informed the parents of those students who had the most interaction with the teacher of her resignation.

He said affected students were being offered support.