Teacher Erin Osmond not guilty in sexual exploitation case
A 29-year-old substitute teacher charged with sexual exploitation of a Watrous, Sask., high school student has been found not guilty.
Erin Osmond was accused of having a sexual relationship with a former student. The court heard that she began a romantic relationship that lasted for several months.
Osmond was the student's teacher from February 2012 to February 2013. They began a sexual relationship a month later, in March 2013.
In court, Justice Grant Currie said Osmond was not in a position of trust after she stopped being his teacher.
"When Ms. Osmond finished teaching on February 15, 2013, it was as though she and [the student] had flipped a switch in their relationship," Justice Currie said in court. "The teacher-student relationship, in which Ms. Osmond was in a position of authority and control over [the student] was switched off."
Currie noted the student was 16 years old at the time, and was above the age of sexual consent. However, the charge of sexual exploitation is activated when a person in a position of trust and authority has a sexual relationship with a person between the ages of 16 and 18.
While Currie did not condone Osmond's behaviour, or blame the student, he said there was no evidence that she had "groomed" the student for a sexual relationship. He said the evidence pointed to the student often acting as the instigator.
"He had, indeed, bet one of his friends that he would have sex with her," Currie said. "He scouted for and found a location at which to have sex with her. In their communications, he began pushing for them to have sex."
While the pair were still student/teacher, the pair kissed twice at school. However, Justice Currie believed Osmond when she said that these were "goodbye" kisses, and were not sexual in nature.
Osmond's lawyer said her client is happy.
"I'm very pleased with Justice Currie's decision," said defence lawyer Leslie Sullivan. "So is my client. I think she's very relieved, and now she can get on with the rest of her life."
The Horizon School Division had notified Osmond that she would not be invited back to teach after charges were laid against her.
The student's identity can not be revealed because of a publication ban.
