The ex-girlfriend of a teacher who had sex with a 17-year-old student said he told her he had been in love with the girl since she was in Year 8.
The 52-year-old physical education teacher from Port Stephens in New South Wales escaped prosecution for having sex with the teenager, according to the Daily Telegraph.
The man’s partner told Ray Hadley on 2GB the couple were together for five months, and he had sex with the girl at their home.
She claims she was present when the man was arrested at the home they shared.
In the District Court, the teacher’s case argued the Crown had failed to prove a ‘temporal connection’ between him and the student when they began their sexual relationship.
In response, the Crown argued the relationship between them had begun while the man was her teacher, and that even if he was not teaching her class at the time ‘it continued to bring the complainant under his special care’.
Judge Tanya Bright decided in favour of the defence saying the girl needed to be under the ‘sporting instruction’ of the teacher for it to be illegal.
The man is no longer working as a teacher according to the Education Department.
The student was allegedly engage in a sexual relationship with the teacher twice at his home, in 2014, and once in the back of his van in 2015.
She had been taught by the teacher between 2011 and 2013 but at the time they had sex she was not in any of his classes.
The age of consent in NSW is 16, but having sex with a 17 to 18-year-old under your direct care is illegal and has a possible penalty of four years in prison.
The court judgement reportedly stated that the alleged relationship began when the teacher had told the young girl he was ‘sexually attracted to her’ during a playground discussion.
‘She gave him her phone number and shortly afterwards the respondent texted the complainant to arrange a meeting at his home,’ it read.
Attorney-General Mark Speakman told News Corp he was ‘considering legislative changes’ to better protect students at school and stop similar circumstances occurring.