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Former Teacher/Coach Gets 15 Days In Jail For Sex With Student

Posted On August 25, 2014

By Mike Perleberg

James D. Spivey Franklin County Sheriff's Dept./file photo

James D. Spivey
Franklin County Sheriff’s Dept./file photo

(Brookville, Ind.) – A Franklin County man who was a teacher and coach at Connersville High School has admitted to having an inappropriate relationship with a student.

James D. Spivey had a relationship with the 17-year-old student and girls basketball player at Connersville High in January and February of 2013.

At the time of Spivey’s arrest, Indiana State Police alleged he and the student began a relationship shortly after the start of the basketball season which later became a sexual relationship with the encounters occurring at Spivey’s residence in Brookville. The two would also kiss and hug in the school parking lot after basketball games.

Spivey, 30, was sentenced on August 12 in Franklin Circuit Court II after pleading down from Child Seduction (Class D felony) to a misdemeanor charge of Contributing to the Delinquency of a Minor, The Brookville American-Democrat reports.

Judge Clay Kellerman sentenced Spivey to a year with 335 days suspended to probation. With good time credit, he could serve as little as 15 days in jail. He will begin serving his stint in jail Monday.

Under the plea agreement negotiated by defense attorney Andrew Baudendistel with Franklin County chief deputy prosecutor Christopher Huerkamp, Spivey’s Indiana teaching license will be revoked.

“You will no longer be able to work in the (teaching) profession, and that is a good thing,” said Judge Kellerman, according to the newspaper.

The now 19-year-old girl and her parents testified at Spivey’s sentencing, asking for leniency from the judge. Spivey and the teen told the court they are still in a relationship.

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6 comments
llahwk
llahwk

If it was a women she probably wouldn't gotten anything...What a system in indiana

smartjw
smartjw

Only in Indiana do you get off easy when you "rape" an underage girl. Once again, the justice system shows it's liberal leniency with a plea agreement. Thanks Judge Kellerman for showing what you're made of.

polarbear82
polarbear82

@smartjw While I'm not saying I agree with what happened, I do have to say that this wasn't "rape". According to this story the relationship seemed consensual. Do you even know what the definition of rape is? You couldn't even get away with calling it statutory rape because the girl was 17 when it happened and the age of consent in Indiana is 16. So you should probably get your facts straight before you go around saying that he raped this girl, because that is a really serious accusation.

cowgirlsxcry
cowgirlsxcry

@polarbear82 @smartjw  Facts are that Indiana Code is established for just such a crime.  Because this ADULT MALE was in a position of authority over the girl it is then CHILD SEDUCTION-a felony.  The child could not legally have consent.  Indiana Code 35-42-4-7 k) If a person who: (1) is at least eighteen (18) years of age; and (2) is: (A) the: (i) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or (ii) child care worker for; or (B) a military recruiter who is attempting to enlist; a child at least sixteen (16) years of age but less than eighteen (18) years of age; engages with the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-41-1-9), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony.

Children (even 17 year old children) should be safe in school and not seduced by adults who have the potential to impact their entire lives.

smartjw
smartjw

I'll still call it rape. I don't care what our thumbs up their butts in Indy legislate, minors shouldn't be allowed to "consent" with an adult.