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Lawmoe
Lawmoe, Criminal Defense Lawyer
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Is a tennis drill instructor over the age of 21 considered

Resolved Question:

Is a tennis drill instructor over the age of 21 considered an authority figure in the state of MN if he has concensual sex with a 16 year old girl in his tennis academy, which is not a team or high school oriented tennis clinic? IE, there is no influence on the status of the player on any competitive event or team standing. The 2 people in question are "in love". Thanks in advance.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 7 years ago.

The answer is a tentative yes. There is substantial case law which indicates a coach is a person in a position of authority and, as a result, could be charged with criminal sexual conduct for having sexual contact with a person under the age of 18. A coach who is a coach by contract, and the individual may have several such coaches, is an interesting question. It does not preclude the case from being charged, but it does present a legal question as to the scope of "position of authority." In short, there is no secure answer for the question and, if charged, an aggressive defense is necessary.

 

I would also point out that the fact that the couple claims they are in love has no impact on the potential charges.

 

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Expert:  Lawmoe replied 7 years ago.
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