By now it may seem like I am a little late to be writing about Amy. This case if you can call it that has bothered me from the very beginning. The last two nights in a row, cable talk shows have decided to comment. First Nancy Grace had the case and Greta picked up the case last night.
What has always bothered me about this case is that the so called victim in this case is an adult male of eighteen years of age. The only victim in this case is Amy McElhenney, and she has fallen victim to Texas Justice. Had this case happened down in South Texas in Hildalgo County, I am sure Judge Rose Guerra Reyna would have sentenced Amy to the death penalty. For those of you who may not remember this Judge, she is the Judge who sentenced a two time sex offender to 320 hours of knitting. Why on earth would she be so tough on Amy then you may ask, well to make it look like she takes a tough stance on sex offenders.
Amy has fallen guilty to two things, one, an overzealous system hellbent on prosecuting female sex offenders and two, she has fallen guilty to herself for making a bad decision and allowing whatever that bad decision may be to continue on for a short while. Amy admits to having an improper relationship however denies having a sexual relationship with the adult male student. Now Pamela Rogers is one thing, she BTW was three years older than Amy, but more importantly the victim was a thirteen year old boy, but calling Amy McElhenney a sex offender or a predator is just plain wrong.
Amy McElhenney was a young lady with plenty of dreams, she had dreams of possibly becomming Miss. Texas and then Miss America.
McElhenney said even though winning Miss America is considered a huge accomplishment, being crowned Miss Texas is not a simple task.
“To win Miss Texas is more difficult than Miss America,” she said.
One of the contributing factors of complexity in the Texas competition are the numerous entries in the pageant. There are many young women who are competing for the same thing. Obtaining noticeable recognition and status during the judging is not easy, she said.
After McElhenney started at the University of Texas at Austin the idea of entering a pageant developed. She is a senior and her degree will be in Spanish and education, with a minor in religious studies.
So I have absolutely no idea of Miss McElhenney’ sexual practices, she has chosen to deny sex took place, this very well may be true. Remember Bill Clinton too denied sex took place, maybe Amy sees this as giving her student a scoobie snack and does not qualify as sex. Assuming this case at its worse, that sex did take place, there is no crime.
Who did Amy hurt? Answer: Herself. Certainly the 18 year old young man has done his share of bragging. Is he a victim? Hell no! Warren Chisum has spoken out on this case twice, and both times he sounds as backwards as can be. He has referred to this case as a rape case on national cable shows twice. Like Bernie Grimm stated, only in Texas can such a backwards case happen.
I do feel sorry for Amy, her whole entire life has been ruined and many of her dreams have been canceled. Yes she played a role in this, but I am sure she has led an exemplary life up until that point where she had an improper relationship with an adult student. So she made a bad decision, I wish I could say I never made a bad decision, but I can not, including making them later than 25 years of age. Texas already wants to make an example of Amy McElhenney, Warren Chisum has said so himself, on national television. A terrible injustice has been done to Amy, she has already lost her job as a teacher at a summer camp teaching young children Spanish. If the camp can not find a replacement, the program will be canceled.
New to the parks program this year is Fiesta Camp, which will also be held at Temple Beth-El. Amy McElhenney will instruct 15 kids ages 7 to 12 in learning Spanish, arts and crafts, dancing and music of Hispanic heritage. This camp will be offered from 9 a.m. to noon July 10 through 12
I guess the question arises, would I allow Amy to teach my son? (ATT he is 21 months) Yes I would, that is because I do not see Amy as a sexual predator, a criminal or a rapist. I see her as a victim of Texas justice.
UPDATE June 11, 2006
Former Miss Texas Contestant – Amy McElhenney arrested for allegedly having sex with her 18 year old Student
Laws
Amy McElhenney, 25, was arrested on May 25th due to allegations of having sex with an 18 year old student with whom she teaching. McElhenney is a high school Spanish teacher in Carrollton, near Dallas. She also participated in a 2002 Miss Texas contest.
Due to the new laws in Texas that make it a crime to have sex in student-teacher relationship even thought the student was 18 years old. McElhenney faces up to a 20 year sentence if convicted.
There is debate with some lawmakers that say since the student was of legal age it should make McElhenney exempt of the felony charge. According to Chron.com the State Rep. Helen Giddings, D-Dallas, intended the 2003 Texas criminal felony law to apply to student-teacher sexual relationships with 17 year olds and younger. Comment on this article at our Forum
Unfortunately, other legislators added amendments that made student-teacher sex illegal at any age. The debate of McElhenney case is that she had sex with an 18 year old that was of legal age. Is the student at this point just as guilty? At this time reports do not say that McElhenney was aware that the student-teacher law pertained to all ages including 18 year olds.
Parents fear if the law does not include 18 year olds that teachers will prey on the senior class students with sexual advances. The jury will have to decide on this case and it may change legislation in the future. If they sentence McElhenney for this crime it will make an example to other teachers not to behave in this manner. The real question is if an 18 year old is old enough to vote and go to war, then is this really a child that needs protecting?
Other Teachers making headlines: Fox news
Lesbian Teacher-Student Sex Allegations Second Case for Arkansas High School
Wednesday, June 14, 2006
MALVERN, Ark. — Authorities have charged a Malvern High School teacher for allegedly having sex with a 17-year-old student.
Heather E. Carter, 30, of Alexander is accused of having sex with the female student in her home and in her automobile. Police say the girl has since graduated from the school. The Malvern schools receptionist said Tuesday that Carter’s resignation was accepted by the school board.
Investigators said the victim and her family did not want to pursue charges. But the case is the second instance of an adult at the school allegedly having sex with a juvenile this year and police said they are obligated to pursue both suspects.
In the other case, substitute teacher Marsha J. Henderson, 35, of Malvern is charged with first-degree sexual assault for allegedly having sex with a 16-year-old boy.
Carter was released on a $3,000 bond. Her plea and arraignment is set for June 21 in Hot Spring County Circuit Court. Henderson is also free on $3,000 bond and has a July 26 trial date.
Yeah the above two cases bother me, but then they were not with adults, one involved a sixteen year old boy, and the other was a lesbian relationship with a seventeen year old girl.
June 15, 2006 at 4:12 pm
This case is ludacris, you are right about Amy being the only victim in this case. It is insane to think that there could be any trauma for the 18 year old.
Here is a sick case and the sentence for this freak is only 25 years, he broke bones on a four year old girl and may even have caused blindness.
http://snipurl.com/ru36
July 7, 2006 at 11:52 am
Are you out of your mind? Reverse the situation, it’s a Male teacher and a Female student. Feel the same way? No. It’s wrong no matter how you look at it.
July 7, 2006 at 2:54 pm
Pam, I think your first sentence is uncalled for.
As for reversing the sexes, that would not change anything for me. my opinion was not rendered based on sex. I judge each case on a case by case basis.
As for this case, we do not know if the alleged sex even took place. Amy has denied sex took place but admitted to an inappropriate relationship. Only seven years separated them, more years that that separate the age difference between my wife and I. Do I feel this adult male will be scarred by this relationship? No Do I believe if sex indeed took place? that if was forced? No Now it was pretty shallow of you to assume that if the sexes were reversed I would feel a different way but I will not suggest you are out of your mind for doing so.
This was not a child, it was an adult. There are many relationships all throughout society between 18 year olds and twenty-five year olds. Female teachers have been hot news lately so Texas wants to make an example out of Amy but Amy’s case is much different than cases where a child exists. Clearly like I said each case has to be judged on an individual basis. Now if their was information that came out that this 18 year old male was mentally challenged and had the IQ of a 13 yo, then my mind would change. But many 18 year olds are hardened and committing all kinds of crimes like murder and rape. Amy I am sure has led an exceptional life and does not deserve to have this all taken away because the State of Texas wants to make an example.
July 9, 2006 at 10:12 pm
Sorry, but I would like to repectfully disagree with you. The main thins that are wrong in this case are that A) Amy chose to break a law, whether the said law is a good one or not; but more importantly, B) the problem here isn’t so much the age of the male student, it’s the fact that they have a student/teacher relationship, where she has and authority over him. What if she ‘forced’ students into having sex for good grades? Where does that kind of potential ‘blackmail’ end? Have sex with me, or I’ll flunk your sibling”? It just sets a bad precedent, not as far as age, but in terms of the type of power struggle it could make.
July 10, 2006 at 6:43 pm
As for A, I do not know if I can agree that Amy knew she was breaking the law, the law is only a year old and Amy may not have been aware of it. I live in Texas and I had no idea of it and I imagine many people also did not.
I do agree with part B but also feel that that has to be supported. Meaning that, that was the intention that Amy had in mind. (forcing the student into sex in exchange for good grades) Still we do not know for sure that sex did take place, Amy has denied that aspect. Young males are known to exaggerate, brag and even lie about sexual escapades. I do believe harm is the main way that I have to judge this case. Was the 18 year old young man harmed in any way? Or was he jubilant exchanging high fives over the incident. Personally I do not feel he was hurt in any way, I do feel Amy’s life has been ruined, yes by a bad decision on her part but what young person has not made at least one bad decision?
Yes I would feel different if Amy led a lifestyle of doing drugs, stealing or crime. I do not think Amy has had any run ins with the law in her short life because if she had it would have come out by now.
July 27, 2006 at 6:52 pm
I believe that she should pay for what she did. However, I don’t believe she is a registered sex offender. But, we can’t allow our teachers to have a sexual relationship with a student. And she should pay for it whether she is a pretty white teacher, a drug user, a black man, a white man, etc…Its wrong and shouldn’t happen. But, I am not judge or on the jury.
July 27, 2006 at 7:41 pm
I completely disagree… our prisons are full as it is.. we don’t need to fill them up with innocent people who have sex with young willing adults.. the only thing she diserves is to loose her job for have sexing with a student who is of age… Let’s not get crazy and think she should go to prison for having sex with a 18 year old… if they can go to war at 18 and die for our country they sure as hell can have sex with a 25 year old woman. Last I heard it is legal to have sex with a adult… I guess unless you live in crazy Texas… than sex becomes illegal even for adults
July 27, 2006 at 9:57 pm
@Lourdes,
I agree, Texas just found Andrea Yates not guilty of murdering all five of her children by reason of insanity.(She did not know what she was doing)
She kills one then another then another until she reaches five, but yet she did not know what she was doing??????
Some quack Doctor will say down the road that she is fine and no longer a harm to society.
Buy yet Amy is facing a much stiffer penality and has never killed anyone and for all we know has not committed a crime. She denies sex took place. Something weird is going on in crazy Texas.
August 1, 2006 at 8:59 am
[...] Amy McElhenney also made a mistake but not too many people were willing to give this beauty queen a break, well these cases are vastly different, Amy deserves a break in my opinion and Mel does not. Amy clearly was not going to injure or kill anyone by her actions, whatever they may have been. I say may have been is because it is alleged. Gibson’s drinking incident could have easily cost the lives of innocent people. [...]
April 25, 2007 at 4:52 pm
In a society that loves scandal this is exactly what happens. I agree 110%, that she did not hurt anyone but herself. She doesn’t need any legal punishment, the social consequences are enough. I went through a similiar case myself. I was a good teacher, a good person, who made a mistake with a 19 year old. At this point I can’t teach (which is the only thing I want to do), I’ve lost the respect of family & friends, and I have an emense amount of guilt and self-hatred. I send my best wishes to Amy.
May 1, 2007 at 4:48 pm
She was the cross country coach and the kid she had a relationship with was one of her runner’s boyfriends. The ex-girlfriend, feeling spiteful, decided to tell the school police officer. However, in no way is the eighteen-year old male a victim…he was also having a sexual relationship with another teacher who left the school before this scandal surfaced…and believe me..he’s had his share of bragging rights. All the students pretty much knew what was going on…but they all loved her as a teacher, it was the spiteful ex who caused all the trouble.
May 1, 2007 at 6:12 pm
I am glad to see more truth coming out about this case.
If what Katie posted in her previous comment, there was no basis for this case even coming forward. So if this was a “boyfriend” of a student she taught instead of an actual student she taught, the whole argument of his being in a student teacher relationship would not apply. Still Amy should not have had a relation with that individual if she knew he was a student.
Hopefully Texas can close their real loopholes with sex offenders. There are at least twenty sex offenders who they have no idea as to where they are located, and a total of more than 1000 missing from their online registry. When being released from prison, they have managed to slip the system by stating they are moving out of state. Then it is up to the other states to followup. However a check of all fifty states and guess what…they are not registered anywhere. Texas said they should be able to fix their website by AUGUST 2007.
Maybe if they stopped worrying about the Amy McElhenney’s of the world, Texas could get some real sex offenders where they belong…behind bars and that is exactly where they found some of the sex offenders who claimed they were moving out of state…in jail in Texas.
Texas sex offender’s lost, not found