.

Charges Dropped Against Teacher Accused of Sex with Student

Scott Spear had been charged with conducting a sexual affair with a student at Richard Montgomery High School.

The state has dropped charges against Scott Spear, a former teacher at Julius West Middle School, who had been with a 16-year-old student at Richard Montgomery High School.

In a press statement, the Anne Arundel County State's Attorney's Office said the case has been dropped due to a "major flaw" in Maryland's sexual offense laws.

"The way the current law is written, the accused must be "a full-time, permanent employee" of the school.  In this case, Mr. Spear was not a full-time employee at the school the girl attended.  While he may have been her teacher when she was in middle school, he was not at the time of the allegations.  The age of consent in Maryland is 16.  Therefore, the State could not move forward on the charges and subsequently moved to drop the charges against the defendant.  This action was not done due to an inability to move forward on the evidence.  Rather, it is solely due to a technicality in Maryland's law."

Spear was previously scheduled to appear in court on Tuesday for a hearing. 

He was originally arrested on Feb. 2. Police said Spear had sex on two occasions with a 16-year-old girl who was his former student at , where he teaches social studies. Spear later coached the girl in track at , police said.

Stay tuned to Patch for updates on this breaking story.

Jeff Hawkins March 12, 2012 at 04:12 PM
Got off on a "technicality"........
Theresa Defino March 12, 2012 at 04:26 PM
http://www.wjla.com/articles/2012/03/scott-spear-montgomery-county-high-school-coach-accused-of-teen-sex-abuse-speaks-out-73643.html
Jeff Hawkins March 12, 2012 at 04:47 PM
Let me get this straight. If he had been a "full-time" employee, the case would have continued. This all "hinged" on being "full or part-time" employment.? Is this correct or am I mis-reading something here.
Tom Levin July 22, 2012 at 04:38 AM
Witch hunt by the state of Maryland and a huge overreaction. Leave the guy alone. His reputation is already destroyed by this. If the age of consent is 16 and he wasn't the girl's teacher, he did nothing wrong. When is our society going to end this kind of lynch mob mentality. Arrest, destroy, accuse, demonize -- then say I'm sorry when he hasn't broken any law. I for one am glad he charges were dropped. We treat these kinds of cases with more self-righteous vitriol than we treat murder.

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