Washington Court Rules Sex Between Teacher, 18-Year-Old Student Is Legal

January 13, 2009 10:03 p.m. EST

Seattle, WA (AHN) - The Washington Court of Appeals on Tuesday ruled that consensual sex between a teacher and an 18-year-old student is legal and dismissed a case involving such two adults.

The court's three judges were unanimous that Hoquiam High School choir teacher Matthew Hirschfelder did not violate the state's law criminalizing sexual contact between teachers and 16- or 17-year-old students when he had a sexual relationship with an 18-year-old graduating student in 2006.

Hirschfelder brought his case to the appeals court seeking the dismissal of the charges of sexual misconduct with a minor against him on grounds that the student was not underage.

Grays Harbor County Prosecutor Stew Menefee said he will appeal the decision as several teachers have been prosecuted under the law for having sex with 18-year-old students, including a former Hoquiam wrestling and football coach, who was jailed for five months after pleading guilty to sexual contact with an 18-year-old student.