Prison time for consensual sex?

blackredyellowblackredyellow Posts: 5,889
edited September 2006 in A Moving Train
Softball coach sentenced for sex with player

Thursday, September 07, 2006

A former volunteer high school softball coach in Beaver County will spend at least six months in jail for having a consensual sex relationship with a former player, who was 17 at the time.

David Robert Brickner, 26, told authorities during a pre-sentence report that he and his wife have an "open marriage" and that he saw nothing wrong with the relationship. He pleaded guilty to corruption of minors in July. More serious charges were not filed because the girl was legally old enough to consent to the sex.

But a Beaver County judge yesterday agreed that Mr. Brickner abused his position of trust to seduce the girl and sentenced him to six to 23 months in jail.

Mr. Brickner was an unpaid volunteer assistant coach for the Big Beaver Falls Area School District when he was arrested in April. He twice violated his bond by continuing to contact the girl and had been jailed since August as a result.

Under his sentence, Mr. Brickner can no longer have contact with the girl. He has been removed from his coaching position and banned from school property.
http://www.post-gazette.com/pg/06250/719813-100.stm


Unless the prison time was for violating his bond, I can't see why this guy would have to serve time. Granted, he probably took advantage of the girl, but she was 17 and consented (16 is the age of consent in PA). In my opinion morally, the guys is wrong, but I'm not sure that I agree what he did was legally wrong.
My whole life
was like a picture
of a sunny day
“We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
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  • hippiemomhippiemom Posts: 3,326
    Softball coach sentenced for sex with player

    Thursday, September 07, 2006

    A former volunteer high school softball coach in Beaver County will spend at least six months in jail for having a consensual sex relationship with a former player, who was 17 at the time.

    David Robert Brickner, 26, told authorities during a pre-sentence report that he and his wife have an "open marriage" and that he saw nothing wrong with the relationship. He pleaded guilty to corruption of minors in July. More serious charges were not filed because the girl was legally old enough to consent to the sex.

    But a Beaver County judge yesterday agreed that Mr. Brickner abused his position of trust to seduce the girl and sentenced him to six to 23 months in jail.

    Mr. Brickner was an unpaid volunteer assistant coach for the Big Beaver Falls Area School District when he was arrested in April. He twice violated his bond by continuing to contact the girl and had been jailed since August as a result.

    Under his sentence, Mr. Brickner can no longer have contact with the girl. He has been removed from his coaching position and banned from school property.
    http://www.post-gazette.com/pg/06250/719813-100.stm


    Unless the prison time was for violating his bond, I can't see why this guy would have to serve time. Granted, he probably took advantage of the girl, but she was 17 and consented (16 is the age of consent in PA). In my opinion morally, the guys is wrong, but I'm not sure that I agree what he did was legally wrong.
    He abused a position of authority. Teachers can't have sex with students for the same reason shrinks can't have sex with patients, cops can't have sex with prisoners, etc.
    "Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity." ~ MLK, 1963
  • Uncle LeoUncle Leo Posts: 1,059
    In Minnesota, 16 is also the age of consent. HOWEVER, for 16 and 17 year olds, there can only be a 3-year difference (i.e. only a 20 year old with a 17 year old). Can a 35 year old have sex with a 16 year old in PA? In other words, perhaps a 17 year old cannot consent to sex with at 26 year old...

    I would guess that is the case because otherwise, there would be no basis for prison time.

    Either way (even if the player was 18), he obviously needs to be removed from coaching at that (or any) school.
    I cannot come up with a new sig till I get this egg off my face.
  • Dirtbag, yes. Jailbird, no.
  • hippiemom wrote:
    He abused a position of authority. Teachers can't have sex with students for the same reason shrinks can't have sex with patients, cops can't have sex with prisoners, etc.

    Indeed. The issue is more one of violating boundaries while one is in a position of authority, its not about rape or consent.

    Prison time is admittedly a harsh sentence, usually these people are censured professionally but do not go to jail.
  • 1970RR1970RR Posts: 281
    Uncle Leo wrote:
    In Minnesota, 16 is also the age of consent. HOWEVER, for 16 and 17 year olds, there can only be a 3-year difference (i.e. only a 20 year old with a 17 year old). Can a 35 year old have sex with a 16 year old in PA? In other words, perhaps a 17 year old cannot consent to sex with at 26 year old...

    I would guess that is the case because otherwise, there would be no basis for prison time.

    Either way (even if the player was 18), he obviously needs to be removed from coaching at that (or any) school.
    doesnt matter in this case, he pled to corruption of minors, which is a distinct offense not related to consent.
  • so she probably had like 6 or 8 months to go until she was legal... would she have developed emotionally and physically during that time period enough that it made it morally wrong before... but morally okay afterwards??? Was this girl in a compromising position at 17.5 yrs of age but not at 18.0 yrs???

    I agree that the guy should be fired, but jail time seems a little ridiculous. Incarceration should be left for the people who are a danger to others in society.
    Everything not forbidden is compulsory and eveything not compulsory is forbidden. You are free... free to do what the government says you can do.
  • my2handsmy2hands Posts: 17,117
    if she was 12 i say throw away the key

    17, i would have to say jail time is fairly harsh... obviously he should lose his job, and probably should lose his right to work with any minors especially in a school setting
  • qtegirlqtegirl Posts: 321
    So, if I have consensual sex with my boss, I can send him to jail out of spite?
  • my2handsmy2hands Posts: 17,117
    qtegirl wrote:
    So, if I have consensual sex with my boss, I can send him to jail out of spite?

    you better video tape it for proof :p

    you can send me a copy for safe storage :D
  • qtegirl wrote:
    So, if I have consensual sex with my boss, I can send him to jail out of spite?

    Yikes...that doesn't quite sound hypothetical.
  • Uncle LeoUncle Leo Posts: 1,059
    so she probably had like 6 or 8 months to go until she was legal... would she have developed emotionally and physically during that time period enough that it made it morally wrong before... but morally okay afterwards??? Was this girl in a compromising position at 17.5 yrs of age but not at 18.0 yrs???

    I agree that the guy should be fired, but jail time seems a little ridiculous. Incarceration should be left for the people who are a danger to others in society.

    For legal purposes, though, that line has to be drawn. Where between age 12 and age 18 is it? "Well 17.5 is ok. Well if 17.5 is ok, why not 17. Then why not 16.5? Then why not 16? Then why not 15.5... ... Then why not 11?"

    Legal lines have to be drawn. If it's illegal, it's up to the courts to decide what type of punishment is deserved. No reasonable person would view this guy as a pedaphile. Assuming it's a first offense, I would think the probabtion/community service route would be reasonable.

    But lines have to be drawn and a crime is a crime.
    I cannot come up with a new sig till I get this egg off my face.
  • BeBeBeBe Posts: 229
    The things that happen in Beaver County.
    Where is Lowlight?
  • memememe Posts: 4,695
    BeBe wrote:
    The things that happen in Beaver County.

    that was funny
    ... and the will to show I will always be better than before.
  • Wonder why they call it Beaver County!
  • kenny olavkenny olav Posts: 3,319
    Looks like I agree with just about everyone. Fire him, but don't jail him.
  • Being the mother of the girl the "coach" took advantage of, I have to say that he deserved the sentance he got. I let my daughter join the team because I thought it was a good, safe thing to do and look what happened. He should have gotton more time in my opinion! After being told by 3 judges, several police officers, myself, the DA and his own attorney to stay away, he felt it was ok to sneek into my house on 1 occasion and show up at her job several times. He wrote her letters telling her how to take the blame so he wouldn't go to jail. For her 17th birthday he even gave her a sexual card, a penis shaped lolipop and penis shaped gum. He took advantage of her. What would you have done if it was your child?
  • Uncle LeoUncle Leo Posts: 1,059
    mykid wrote:
    Being the mother of the girl the "coach" took advantage of, I have to say that he deserved the sentance he got. I let my daughter join the team because I thought it was a good, safe thing to do and look what happened. He should have gotton more time in my opinion! After being told by 3 judges, several police officers, myself, the DA and his own attorney to stay away, he felt it was ok to sneek into my house on 1 occasion and show up at her job several times. He wrote her letters telling her how to take the blame so he wouldn't go to jail. For her 17th birthday he even gave her a sexual card, a penis shaped lolipop and penis shaped gum. He took advantage of her. What would you have done if it was your child?

    This is really your kid? I see it is your first post. I assume you are not a Pearl Jam fan, so are you hopping from message board to message board? Just curious what brings you here.

    The question is was it illegal. The guys got problems that's for sure and he clearly sexually harrased her from the time she was 16. But if she did not complain, then it's tough to make that charge stick. Was the sex illegal--in some states it was in others it was not? Did your daughter complain about it?

    If it were my kid? I think what becomes of her is FAR more important than what becomes of him. I hope she is able to have better relationships in the future.

    I don't want to make light of what this guy did and I do think it should be illegal for a 30 something to sleep with a 17 (16???) year old. But if she is LEGALLY able to consent, than it is not statutory rape.
    I cannot come up with a new sig till I get this egg off my face.
  • mykid wrote:
    Being the mother of the girl the "coach" took advantage of, I have to say that he deserved the sentance he got. I let my daughter join the team because I thought it was a good, safe thing to do and look what happened. He should have gotton more time in my opinion! After being told by 3 judges, several police officers, myself, the DA and his own attorney to stay away, he felt it was ok to sneek into my house on 1 occasion and show up at her job several times. He wrote her letters telling her how to take the blame so he wouldn't go to jail. For her 17th birthday he even gave her a sexual card, a penis shaped lolipop and penis shaped gum. He took advantage of her. What would you have done if it was your child?

    The criminal justice system does not exist as a tool of revenge at the mercy of your sensibilities. It exists as a tool of justice for those who violate the rights of another. If this was, in fact, a consensual relationship I do not see how anyone's rights were violated.
  • even flow?even flow? Posts: 8,066
    His sex may not be so consensual now!
    You've changed your place in this world!
  • UpSideDownUpSideDown Posts: 1,966
    mykid wrote:
    Being the mother of the girl the "coach" took advantage of, I have to say that he deserved the sentance he got. I let my daughter join the team because I thought it was a good, safe thing to do and look what happened. He should have gotton more time in my opinion! After being told by 3 judges, several police officers, myself, the DA and his own attorney to stay away, he felt it was ok to sneek into my house on 1 occasion and show up at her job several times. He wrote her letters telling her how to take the blame so he wouldn't go to jail. For her 17th birthday he even gave her a sexual card, a penis shaped lolipop and penis shaped gum. He took advantage of her. What would you have done if it was your child?

    I wanna see the lollipop and gum.....lol
  • Remember, we all based our opinions based on the article. If he broke a restraining order, broke into your house, tresspassed, harrassed, etc., and it was introduced in court, then maybe the sentence is deserved, but from what the article said, he pled guilty to corruption of minors, not all of that other stuff.
    My whole life
    was like a picture
    of a sunny day
    “We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
    ― Abraham Lincoln
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