Messmer teacher sentenced in sex case

Milwaukee Journal Sentinel | 6-26-02 | DAVID DOEGE

[Temple Owl]

Messmer teacher sentenced in sex case

By DAVID DOEGE

of the Journal Sentinel staff

Last Updated: June 26, 2002

A former Messmer High School music teacher who had repeated sexual contact with a 16-year-old student after school was sentenced Tuesday to one year in prison followed by three years of community supervision.

Melissa A. Bittner came to court Tuesday hoping she would be placed on probation without jail time so she and her husband could start life anew in another state, according to her attorney.

But Milwaukee County Circuit Judge John J. DiMotto surprised her and her attorney, Gerald Boyle, by concluding that her crime called for prison time.

"I take no pleasure in sending you to prison," DiMotto said, noting that a presentence report prepared by the state Department of Corrections recommended probation and a 90-day jail term.

Bittner needed to go to prison, DiMotto explained, for breaking one of the few taboos left in modern society: that teachers not have sexual relations with their students.

Bittner, 22, pleaded no contest last month to sexual assault of a student for her relationship with the boy who was failing every class but the one he took from Bittner. In concert band, the boy received an "A" from Bittner.

Bittner was charged in January after she admitted wrongdoing. She acknowledged that she should have known better than to permit the behavior once it started and portrayed the student, who turned 17 in February, as the aggressor in some of the encounters.

The student, meanwhile, indicated that the teacher encouraged his behavior and after one escapade "seemed to be very happy and thanked him for doing that to her," a criminal complaint says.

The boy told police the sexual encounters began sometime in when he stayed after school for special instruction on playing a drum.

The student estimated the number of encounters at 15 to 20 and said the two agreed to keep the affair private because she warned that she could be fired if they were caught.

Bittner was suspended after school officials learned of the relationship but before the criminal case was filed. She later was terminated.

"Each time, it (the sexual contact) would get a little more progressive," Milwaukee County Assistant District Attorney Patti Wabitsch told DiMotto on Tuesday. "I think there was more to this relationship than Ms. Bittner was willing to admit."

"I'm really sorry for what happened," Bittner told the court.

[Temple Owl]

He played the drum. Ravel's Bolero would be the right beat for those two. What is she going to play in the slammer?

[Phantom Lord]

If teachers were allowed to marry this would have never happened.

[trad_anglican]

If teachers were allowed to marry this would have never happened.

touche'

[drjoe]

Rum-pa-pa-Rum-pa-pa-dum-dum-dum

[tdadams]

This teacher-student sex trend is disturbing. I think a year in prison is lenient. In any case, prison time should be automatic for this kind of offense.

I hate to think there's a teacher out there weighing her odds of going free on probation if she gets caught diddling her students.

[Phantom Lord]

Questions not answered in the article that I have.

What is the age of consent in the state?

Is there a law on the books forbiding sexual activity between students and teachers?

[Tai_Chung]

Department of Corrections recommended probation and a 90-day jail term.

Melissa A. Bittner came to court Tuesday hoping she would be placed on probation without jail time...

This is the real story.

The sexual predator teacher wanted no jail time and her expectation was not unfounded based on the recommendation of the Department of Corrections.

[tdadams]

I think there's more to it than just the age of consent. I think there's a violation of trust when someone in a position of authority engages in a sexual liaison with someone in her charge.

[Phantom Lord]

I am not arguing the 'violation of trust' issue. But violating trust does not warrant a year in prison. Or any legal punishment for that matter.

I am assuming that some law(s) were broken here that allowed a prison sentence. I am just wondering what laws those would be.

[Eska]

Two teachers were convicted of identical crimes in our school district. The incidence rate is no higher than in any other occupation but the penalty should be severe and enforced. Often these type of crimes are quietly covered up. I remember similar immoral behavior occurring 20 years back when I was in high school myself. It always has too.

Working with high school kids (hormones in high gear); teachers have to really be sensitive to their position in relation to students. Kids are always coming in after class/school and you would never believe how many times the teacher can be placed in bad situations. You never stay in a room with any student by yourself. You would also never believe how aggressive some students can be. No joke.

[buffyt]

I don't know that this is anything new. Back when I was in school in the 1960's we had a few young, single teachers. The boys were always going to visit with the young blonde French teacher after school. I don't know that anything ever happened, but the boys were all eager for something to happen. They talked about her and flirted with her all the time. We had a young male teacher who did date some of the senior girls, though there was school policy against it. I don't know how intimate their dates were. But it was well known, I saw him with one girl quite freqently. He was in his twenties and she was 17. There was a teacher in 9th grade who was called SM, for Sado masichism. Not that he did any of that with the kids, but he made comments and flirted BIG TIME with the girls. We just shrugged it off. Now I realize that hanky panky was possibly going on. Most of these teachers were fired after a year or so. Maybe all based on rumor, maybe on truth, but suspiscions were raised, and teachers were fired.

[LouD]

Here she is...

Not exactly a fem fatale

[buffyt]

I agree, there should be no jail time. Perhaps she should be fired though. We did have school district policy against teachers dating students when I was in high school, 1965-1969. In OK. You would be fired, not jailed, unless the student were really young.

[tdadams]

But violating trust does not warrant a year in prison.

I'm not one for writing a new law every time something anecdotal happens, but in the case of teacher-student sex, I think that's a violation of trust that does merit at least a year in prison.

The abuse of authority is bad enough, but in most cases it's also statutory rape. That's not frivolous.

[LouD]

oops - I meant femme fatale

[Phantom Lord]

Thats why i asked about the age of consent. If it is 16 or lower, statutory rape didnt happen.

The problem is that the article didnt provide the laws that were violated that authorized a year in jail. Laws were either violated or this women has the worst lawyer on the planet.

[tdadams]

I realize that maybe we're just hearing about these cases more often than in the past due to 5 channels broadcasting 24 hour news, and the internet. But it does seem this has become more prevalent and more accepted.

Maybe it's just me and the way I was raised, but I wouldn't have dreamed of getting it on with a teacher. And I say that even though Miss Lybrook, my band teacher, was such a hottie she could have made calendar girls feel self-conscious.

[general_re]

Maybe it's just me and the way I was raised, but I wouldn't have dreamed of getting it on with a teacher.

I'm gonna go way out on a limb here and suggest that, like most red-blooded 16-year old males, you dreamed of it at least once ;)

[tdadams]

OK, maybe I was too hasty in saying that. But certainly I wouldn't have done it. Although, if Miss Lybrook had shown an interest it might be another story altogether.

[general_re]

LOL - most of us don't have to make that choice, perhaps fortunately. Moral rectitude is easy when one lacks the opportunity to behave otherwise ;)