Christensen v. Royal School District No. 160

¶33 (dissenting) — The majority opines a teacher defending a civil liability suit for having sex with a minor cannot raise consent as a defense and further holds a school district which attempts to investigate the incident cannot raise contributory negligence as a defense against the child who undermines the investigation.5 The majority offers two rationales: first, the criminal code does not allow consent as a defense to prosecution for sex crimes with a minor; and second, schools have a special duty to protect their students. Majority at 67.

Sanders, J.

Consent

¶34 The majority is…