Today the Appeals Court ruled that a Massachusetts high school teacher can be prosecuted for allegedly looking down a female student’s shirt.
According to the state’s version of events, the defendant would frequently approach the alleged victim’s desk during class “smile at her, look at her chest, and attempt to look down her shirt.”
The alleged victim also claims that the teacher frequently told students about “his personal life and sex life.” The girl alleges that the teacher’s X-rated stories went on for “at least 20 minutes or so each class.”
The teacher was charged with accosting and annoying another person. See G.L. c. 272, Sec. 53. The pertinent language of that statute allows punishment for “persons who with offensive and disorderly acts or language accost or annoy another person.”
The teacher’s lawyer filed a motion to dismiss the charge for lack of probable cause. A district court judge allowed the motion and the prosecutors appealed.
The Appeals Court reversed the judge’s decision and concluded that the case could proceed against the teacher.
The application for complaint established probable cause to believe that the defendant’s conduct toward [the student] was “disorderly” and “offensive,” and that it otherwise satisfied the essential elements under G. L. c. 272, § 53.
The full text of the opinion is attached below.