Amy McElhenney Falls Victim to Texas Justice

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


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 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.