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Featured Replies

comment_5446145

All I know of Minnesota comes from Pasiley Park productions but a 25 year old working as "weight room supervisor" fucking a 17 year old doesn't feel like much of a scandal.

She was charged because she had a position of authority over him. The guy was over MN's age of consent.
comment_5446151

Does “weight room supervisor” really meet the definition of position of authority?

In terms of hierarchy of authority among school staff , it falls way below principal, assistant principal, principal’s secretary, teacher, coach, assistant coach, teacher’s aid, counselor, trainer, nurse, busdriver for away games, and school security officer.

 

Feels like a job on the same level as lunch lady, groundsperson, and the guys who run the chains for home games. I mean yes the lunch lady supervises the rules and discipline on the lunch line and is in charge of determining how many chicken tenders each student gets… but I wouldn’t call her a position of authority.

 

I mean I’m not exactly sure what is meant by “worked under her supervision in the weight room”. If that means he had the highschool equivalent of a work study job under her management than that is one thing. But if it just means he lifted weights, the functional equivalent of the student who “labors to get lunch under the supervision of the lunch lady” than this is a stretch.

comment_5446172

I don't think it matters if she had a "position of authority" or not. Bottom line is the kid was 16 and under the age of consent. It wouldn't have mattered if Gagne was unemployed and homeless, it's still against MN law for a 25 year old to get freaky w/ a 16 year old.

Age of consent in MN is 16:

 

http://en.wikipedia.org/wiki/Ages_of_conse...erica#Minnesota

 

What Bix said is correct:

 

A 25-year-old former weight room supervisor and teacher at Cretin-Derham Hall in St. Paul faces two counts of third-degree criminal-sexual conduct for alleged incidents with a 16-year-old student in 2008.

609.344, Minnesota Statutes 2006: CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE

 

I suspect it would be under this subsection:

 

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48

months older than the complainant and in a position of authority over the complainant. Neither

mistake as to the complainant's age nor consent to the act by the complainant is a defense;

If Chad is around he probably knows more on this. But my recollection is that's a pretty common element to state laws in there aimed at roles such as teachers/school officials, preachers/clergy, coaches, mentors/adult supporvisors and employers of youth. There are other positions of authority like cops, but that captures many of the typical ones. I would think step-parents / step-siblings, adoptive parents and the like are captured by the "significant relationship" category.

 

Anyway, I think Bix is correct.

 

John

comment_5446182

I'm not either. :)

 

But we've had age of consent discussions here before (Savage-Steph), so it's very easy to Google up the laws in each state. The Wiki page is a good source that I recalled from that dicussion, nicely linking off the the codes in many of the states.

 

John

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