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Ksyrup · 07-19-2005, 09:05 AM

Appeals court says kiss between teacher, student violated sex law

Associated Press

TOPEKA, Kan. - A teacher who "French kisses" a student over the age of 16 still has committed an illegal sex act under state law, the Kansas Court of Appeals ruled Friday.

Last year, the state's sexual relations law was amended to make it a felony for school employees to have sexual contact with students ages 16 and 17. Prior to that, sex abuse laws in Kansas had only applied to victims under the age of 16.

The appeals court said Friday that French kissing constitutes the felony act of "lewd fondling or touching" between a school employee and a student from the same school.

The court ruled on the appeal of Lori Lynn Stout, 32, a former teacher and coach at Wellington High School in south-central Kansas. She had been found guilty by a Sumner County jury of unlawful sexual relations.

The case involved her relationship with a 16-year-old female student.

According to court documents, the student initiated a French kiss while staying overnight at Stout's home, but Stout resisted. The two later kissed again, records show.

Both the girl and Stout denied any other type of sexual contact, and each said she had no interest in pursuing a sexual relationship, the court acknowledged.

But based on the circumstances of the case, the judges supported the jury's earlier finding.

"A French kiss or tongue kiss is indisputably a touching; moreover, it is a touching that is not necessarily innocent, dependent upon the circumstances," the court said. "Given the weight of authorities acknowledging that such kissing can be intimate sexual contact, we decline to hold as a matter of law that such contact cannot be lewd touching."

They court did, however, grant Stout a new trial because the jury had received improper instructions.

07-19-2005, 09:05 AM	#860
Ksyrup This guy has posted so much, his fingers are about to fall off. Join Date: Nov 2000 Location: In Absentia	Appeals court says kiss between teacher, student violated sex law Associated Press TOPEKA, Kan. - A teacher who "French kisses" a student over the age of 16 still has committed an illegal sex act under state law, the Kansas Court of Appeals ruled Friday. Last year, the state's sexual relations law was amended to make it a felony for school employees to have sexual contact with students ages 16 and 17. Prior to that, sex abuse laws in Kansas had only applied to victims under the age of 16. The appeals court said Friday that French kissing constitutes the felony act of "lewd fondling or touching" between a school employee and a student from the same school. The court ruled on the appeal of Lori Lynn Stout, 32, a former teacher and coach at Wellington High School in south-central Kansas. She had been found guilty by a Sumner County jury of unlawful sexual relations. The case involved her relationship with a 16-year-old female student. According to court documents, the student initiated a French kiss while staying overnight at Stout's home, but Stout resisted. The two later kissed again, records show. Both the girl and Stout denied any other type of sexual contact, and each said she had no interest in pursuing a sexual relationship, the court acknowledged. But based on the circumstances of the case, the judges supported the jury's earlier finding. "A French kiss or tongue kiss is indisputably a touching; moreover, it is a touching that is not necessarily innocent, dependent upon the circumstances," the court said. "Given the weight of authorities acknowledging that such kissing can be intimate sexual contact, we decline to hold as a matter of law that such contact cannot be lewd touching." They court did, however, grant Stout a new trial because the jury had received improper instructions. __________________ M's pitcher Miguel Batista: "Now, I feel like I've had everything. I've talked pitching with Sandy Koufax, had Kenny G play for me. Maybe if I could have an interview with God, then I'd be served. I'd be complete."