When Yes Means No

Whatever happened to common sense? Michael McKinney, a former teacher at Arlington Heights Academy outside of Cincinnati, recently pleaded guilty to gross sexual imposition for having a sexual relationship with a student last year. Under the plea agreement, he faces up to twelve months in jail and will be required to register as a sex offender for the next fifteen years. Under normal circumstances, I’d say he deserves all he gets. But these aren’t normal circumstances, and to be quite honest, I’m not sure where to begin.

First and foremost, this was not a case of having an affair with a fifteen, sixteen or even seventeen year-old student. The woman was eighteen, old enough to enlist in the armed forces and serve in Iraq if she so chose. But apparently not old enough to choose to be intimate with a fellow adult. Furthermore, she no longer attended the school, having begun classes at Cincinnati State University after accumulating enough credits to graduate from high school. She was only classified as a student because the rest of her class had not yet graduated and therefore, her name remained on the school enrollment – unbeknownst to both parties. Nor had she ever been a student in one of McKinney’s classes. Finally, the woman claimed the affair was consensual and had no desire to see McKinney prosecuted.

So what we have is a young man (McKinney was twenty-five at the time) having a relationship with an adult college student. Had the woman attended any high school other than Arlington Heights, there would be no crime. But because she once attended the same school where McKinney taught, he now faces the future as a convicted felon and sex offender.

Now, the first question that comes to mind is what purpose the sex offender registry is meant to serve. As the father of a pre-teen girl, I have every incentive to make sure my daughter is safe from the creeps who prey on women against their wishes and children under any circumstance. But when the list becomes populated with people such as McKinney it risks becoming as pointless and disregarded as the warnings that tell us our coffee is hot.

The second question is what this case says about our perception of women. Are we not saying that an adult woman is incapable of making an informed decision regarding the relationships she may have? It seems reminiscent of the kept woman culture of days gone by, where women were thought weak and in need of protection from their own impulses.

Katie Pridemore, the assistant prosecutor pursuing the case, argued that we must keep an eye on anyone who preys on those in a subordinate position. That is a broad and dangerous definition, especially in light of this case. Perhaps what we really need is protection from overzealous prosecutors who prey on headline-grabbing cases, with no regard for the lives they damage in the process.