Others will be protected thanks to Marshall case

This from the Paducha Sun:

The outrage expressed by the parents of Michael Colvett’s teenage victim is understandable to everyone who has ever been the parent of a teenage girl.

The former Marshall County High School band teacher, who abused his position to have a sexual relationship with an underage student, will not have to serve jail time, provided he meets the terms of his probation. The teenage girl, however, will have to live with the memory, as so many victims of sexual abuse do, for the rest of her life.

Her father, referring to the suggestion that Colvett’s actions stemmed from the difficulty he had dealing with the death of his infant son, said, “As we prayed for your child, you were making your move on my daughter. She was 14. Losing your child gave you no right to take mine.” Strong words. Words filled with anger and hurt at the man who betrayed the trust of parents and students and whose actions can never be undone. The punishment may not have been satisfying, but no punishment administered by the justice system ever could be. Not until they find a way to turn back the clock and change what happened.

The court of public opinion will have to determine whether the punishment was fair: five years probation, continued counseling, evaluation by a specialist in sex offenders, 200 hours of community service, no unsupervised contact with anyone under 18, surrender of his teaching license and registering as a sex offender for the next 20 years. He must also find employment, report regularly to a probation officer, pay $25 a month for his supervision, pay court costs, submit to random drug and alcohol tests. He also has to move to a new home because he lives across the street from an educational institution. Violation of any part of the conditions can result in jail time.

And, as his attorney pointed out, he has lost his reputation, for which he will suffer the rest of his life.

The victim’s parents can take some consolation in the fact that the case will help prevent other children from becoming victims of sexual abuse by those in positions of authority. The aggressiveness of prosecutors in pursuing Colvett shined a light on Kentucky’s lax law regarding such abuse.

The age of consent in Kentucky is only 16. But thanks to a new statute passed by the General Assembly, it is no longer lawful for a teacher, member of the clergy or other person in a position of authority to have sex with anyone under age 18 in his or her care. It was long overdue, but it took the Colvett case to spur lawmakers to act.

Even without the stricter age limitation, 95 teachers in Kentucky lost their certification for sexual misconduct in the five years from 2001-2005, with 80 percent of the cases involving students. Now the law will protect most students hrough high school.

The anger of the victim’s parents is not in vain; other fathers and mothers throughout the Commonwealth owe their own children’s safety to those who would not let this case be swept under the rug.

Former Marshall County Band Director Gets Probation for Sex with Student

When former Marshall County High School band director Michael Colvett got probation rather than jail time, it didn't surprise the parents of a student with whom Colvett was convicted of having a sexual relationship.

“We know the reality that we fell through a crack in the law,” the girl’s father, Jeffrey Collins told the Paducah Sun.

If he meets the terms of his probation, Colvett will not serve any prison time.

This from the Paducah Sun:

Colvett case helped change state's age of consent law

BENTON, Ky. - The Friday sentencing of Michael Colvett, the former Marshall County High School band director convicted in connection with having sex with a
student, concluded eight months of widespread publicity that drew statewide attention and sparked legislative reforms.

State police learned of Colvett’s relationship with a female student last October, when she was 16. Her father had discovered text messages and logs of late-night phone calls between them when he took her cell phone away as a punishment, police said. Because 16 is the legal age of sexual consent in Kentucky, police could charge him only with unlawful transaction with a minor, saying that he encouraged the girl to disobey her parents by seeing him outside of school.

Further investigation revealed the relationship began when the girl was 15, and police charged Colvett in December with felony counts of third-degree rape and tampering with evidence as well as associated misdemeanors.

An Associated Press investigation conducted after Colvett was charged revealed that 95 Kentucky teachers lost their certifications because of sexual misconduct between 2001 and 2005. Eighty percent of the cases involved students. Charges ranged from inappropriate comments to rape and sodomy.

In April, Colvett entered an Alford plea to two counts of second-degree sexual abuse and one count of tampering with evidence. In an Alford plea, a person does not admit guilt, but admits enough evidence exists to convict him. In exchange for the plea, prosecutors dropped a third-degree rape charge.

Colvett’s attorneys, Mark Bryant and Emily Roark, asked to delay the sentencing until this week so Colvett would have time to sell his house. He had to move because of restrictions on where sex offenders live. He lived across the street from Star Academy, a program in which high school dropouts can earn their diploma.

Also in April, Gov. Steve Beshear signed into law a bill making it illegal for teachers, clergy and other authority figures to have sexual contact with anyone under 18.

Previously 16 was Kentucky’s age of sexual consent in all cases, even when alleged sexual contact existed between a student and teacher.

The law goes into effect July 1.

And this.