Education / Schools, Kids

Sex Abuse In Elite Schools: What A Surprise!

Choate has thrown down the gauntlet.  We fessed up, now it's your turn.

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professor teacher at blackboard chalkboard students raising handsMy first reaction after seeing this story was, “So what else is new?”

Yes, the accusations involve Choate, one of the most exclusive prep schools in the country, but this, in and of itself, isn’t unique.  The fact, however, that administrators acknowledged that the abuse occurred, even though some of it was decades ago, is surprising.

Why did they admit it? Why now? What criminal action, if any, can be taken?

Times have changed as has the definition of sex abuse. In the 60s and 70s it wasn’t uncommon to call your long-haired, pot-smoking college professor by his first name, drink wine in his “pad,” attend weekend workshops in such esoteric specialties as “finding your core” or “the meaning of me,” and sneak in a kiss or two.

However, that was college.  This is high school.  And although Choate prides itself on giving its students an experience equivalent and sometimes better than that of college, the students are younger (between 15 and 19), and therefore any sexual contact between professors and students risks criminal action.

Since the 60s, there’s been a recognition of the role one’s job as a teacher or supervisor has in coercing those in lesser positions of authority to capitulate to sexually oriented suggestions or demands.  (Witness the sexual harassment mess Bill O’Reilly now finds himself in.)

Anyone under the “age of consent” is deemed not to be able to agree to have sex. It’s called statutory rape.  How old a person has to be before being able to “consent” varies from state to state.  Many draw the line at age 16, but some go as high as 17 or even 18.

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There are nuances to the law — for example, in New York, if one party is 18 and the other is younger but within only four years — that’s a defense. But statutory rape is a strict liability crime.  Whether the person “of age” knew the other party was “under age” is irrelevant.  A girl may look like she’s 18, but if she’s actually only 15 and you’re 25 and just had sex with her (consensual or not), you could be charged with rape.

At Choate and other boarding schools of its ilk, students and professors live together on campus.  They often share meals, activities, and social events.  That’s part of the perks — getting to know your professors. Temptation abounds.

It’s curious that it took the work of an outside investigator to quantify all the alleged sexual abuse that had been occurring at Choate.  Allegations had been reported since the 1960s but had been handled internally.  Sometimes the professor in question was asked to leave, sometimes he was permitted stay.  It seemed quite an ad hoc procedure.

Most egregious, perhaps, was the case of former Spanish teacher Jaime Rivera-Murillo, who the Choate report said raped a student during a foreign study program in Costa Rica in 1999.  The charges were never reported to authorities and although Murillo was fired, he went on to teach at several schools, ultimately becoming principal of a high school in Litchfield, Connecticut.  (He resigned from that position last week.)  Because Choate never reported any of the sex allegations to the state (child abuse services or the police), there was never any neutral vetting of whether the activity occurred, and if it did, whether it was anything criminal.  Had suspicions about Mr. Murillo’s conduct been reported, it could have been investigated and, if deemed credible, prosecuted.  At least, he would not have been hired to work as a principal where his responsibilities over the welfare of the student population were even greater.

Then there’s the other side of the coin.  Did some students allege sexual abuse when none occurred simply because others were doing it (think “Salem witch trials”), or because they hated a particular teacher and wanted him fired?  Or maybe some were looking for settlement money in exchange for keeping quiet.  All these are possibilities.

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The whole thing reminds me of my years reporting on the Vatican.  The institution’s first instinct was always to deny any wrongdoing relating to allegations of sexual abuse.  Cover-up was the go-to reflex, followed by covert agreements to compensate the aggrieved parties, and thus win their silence.  It worked for years.

It’s interesting that Choate went in the opposite direction, making the results of the independent investigation public.  Transparency over obfuscation.  Perhaps they hope the message to be, “We can change; we will change.”

It may, however, be the tip of iceberg.  I wouldn’t be surprised if we start hearing about similar allegations at other elite boarding schools across the country.  Choate has thrown down the gauntlet.  We fessed up, now it’s your turn.  Unfortunately (although it’s not always true), this stuff is not uncommon.

As to possible criminal consequences, it’s difficult to know at this early stage whether any prosecutor’s office will make a case.  If the students were over the “age of consent” when the conduct occurred and if no coercion or violence was used in the sexual act (whether it be kissing, back-rubbing, or actual sex), these are tough cases to prove.  But whether there are prosecutions or not, the revelations will act as a catalyst for private schools to set and adhere to specific policies when such allegations occur.  It’s also a wake-up call for the state to be more vigilant in compelling and checking on such reporting.

Toni Messina has been practicing criminal defense law since 1990, although during law school she spent one summer as an intern in a large Boston law firm and realized quickly it wasn’t for her. Prior to attending law school, she worked as a journalist from Rome, Italy, reporting stories of international interest for CBS News and NPR. She keeps sane by balancing her law practice with a family of three children, playing in a BossaNova band, and dancing flamenco. She can be reached by email at tonimessinalw@gmail.com or tonimessinalaw.com, and you can also follow her on Twitter: @tonitamess.

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