The teacher’s lawyer, Christopher Urbano, asked that his client, Megan Batykefer, 32, of Pittsburgh, be sentenced to probation, arguing she was not aware she was committing any crimes when she became sexually involved with a male high school senior last April who had just turned 18.
Common Pleas Judge Edward Borkowski rejected Urbano’s request, and repeated what he said in a court document on August 13 when he found Batykefer guilty of institutional sexual assault — it doesn’t matter what the student’s age is, the law was enacted to protect students. Borkowski added that the statute places the responsibility on a teacher, not a student.
“The statute does not require that the student be a minor, but rather proscribes sexual relations between an employee of a school and a student of the school,” Judge Borkowski wrote in the ruling.
“The statute appropriately places that responsibility entirely and squarely on the shoulders of the person, who by maturity and professional position, is responsible for avoiding such activity.”
In addition to the period of incarceration and probation, Ms. Batykefer must register as a convicted sex offender for 25 years, comply with any special requirements of the Sex Offender Court and undergo mental health counseling.
According to a court document and a police report, the student, then a senior at North Allegheny High School in Pittsburgh, said he waited until he turned 18 last April before he told Megan Batykefer 32, of Pittsburgh, that he had romantic feelings for her.
“I knew it would have been wrong to say anything to her before I turned 18,” the student told police and also testified to at a preliminary hearing in January, Digital Journal reported.
Ms. Batykefer remains free while her lawyer pursues an appeal to the Pennsylvania Superior Court, which could take over a year before a final ruling is made on her claim that the law is unconstitutional.
