THE DUTY TO PROTECT: BLACKSTONE'S DOCTRINE OF IN LOCO PARENTIS: A LENS FOR VIEWING THE SEXUAL ABUSE OF STUDENTS

Todd A. DeMitchell

Brigham Young University education and law journal · 2002 · 12 citations · 0 references

Concepts

Abstract

The sexual abuse of a child is a loathsome act. That act is particularly heinous when it is perpetrated by a person who has power over the child due to a position of trust. In a child’s life, parents and teachers hold recognized and dominant positions of trust. The sexual abuse of a child by a parent is considered taboo in almost every society. Is the taboo regarding the sexual abuse of a student by his or her teacher similar to that involving the parent? No harm betrays the trust between educator and student more than the sexual abuse of the student. Because of the special relationship that exists between student and educator, the harm from sexual abuse flows