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Children’s charities criticised the “lenient” prison term given yesterday to a teacher who had a homosexual relationship with one of his pupils.
David Le Brocq, 30, was sentenced to one year in prison after being found guilty of conducting a six-month sexual affair with his pupil, Karl Donaldson, which began when the boy was 15.
The pair began having full sex in Le Brocq’s flat when Mr Donaldson, who is now 19, reached his 16th birthday, with the full approval of Mr Donaldson’s mother, Donna Stacey.
But the sentence given at Oxford Crown Court to the drama teacher, described by Ofsted inspectors as “inspirational and magical”, was described as unduly lenient.
Michele Elliott, the director of the children’s charity Kidscape, said: “It does not matter if it was consensual: the point is that when you are a teacher you are in a position of authority over a pupil and you do not have sexual relationships with them.
“Given that he could be out in six months it seems to me that he has got off very lightly.”
Other similar cases that resulted in longer sentences include that of Elvira Fairhurst, 49, who in June last year was jailed for more than four years after conducting a four-month affair with a 14-year-old pupil.
After the verdict Mr Donaldson, who has lifted his right to anonymity, told the Reading Evening Post that he held no grudges towards his former teacher.
The teenager, who lives in Reading, said: “I have not been in touch with him since we broke up and just want to forget about what happened and get on with the next chapter in my life.”
During the trial jurors heard that the pupil passed the teacher his mobile phone number while they were at Thamesbridge College, formerly Ashmead School, in Reading.
After drinking one evening Le Brocq phoned the boy and declared his love for him. From February 2004 the two began meeting regularly at weekends and during school holidays at the teacher’s flat in Christchurch, Dorset, where they had sexual relations. Full sex took place only after the boy turned 16.
The relationship ended in August 2004 when the teacher told Mr Donaldson that he was going to have a child with a colleague at the school.
Police were informed about the relationship after Mr Donaldson’s sister mentioned it to a teacher at the school. Le Brocq, who had been nominated for a Teacher of the Year award by his peers, was arrested in September 2005, by which time he was deputy head teacher at Bovington Middle School in Wareham, Dorset.
Jurors were told that Le Brocq regularly visited Mr Donaldson’s family home as his boyfriend.
Alan Blake, for the prosecution, told jurors: “He loved David Le Brocq and his mother wanted him to be happy. The evidence is that there was a mutual infatuation between them.
“David Le Brocq exercised some restraint in not allowing matters to progress too far physically before the boy’s 16th birthday.”
Le Brocq, who now lives in West End, near Southampton, was convicted at a retrial in May of five counts of engaging in sexual activity while in a position of trust, including two when Mr Donaldson was 15.
Judge Anthony King said yesterday: “It is perfectly apparent that the boy was already a person who was attracted to you. Indeed, much that occurred was at his instigation. Sadly, though, this case is a classic example of a substantial and serious breach of trust.”
Breaches of trust
Elvira Fairhurst, 49, a mother of two, was jailed for four years and three months in June last year after conducting a four-month affair with a 14-year-old pupil
Cfyn Markwick-Day, 46, a science teacher, was jailed for two years in December 2005 after being convicted of having sex with a 15-year-old girl at his school
Steven Edwards, 34, was jailed for four years and nine months in February after being found guilty of eight charges of abuse of trust through sexual activity with three girls aged 14 to 16
Stephen Brenchley, 48, was jailed for five years and three months last August after being found guilty of sexually abusing two pupils
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I am a close friend of David's we met in University, we were neighbours in our first year and studied together for all three before we graduated in 1998. I am saddened to hear the outcome of this story. Very few people I have met are as trustworthy, honest with a disposition for doing the right thing and not upsetting those around him. There were no secrets here it appears; he approached the coices he exercised (however you may percieve them) involving everyone concerned. I am not surprised to read the boy's family were very well aware of the relationship knowing David's personality and truthful nature. Personally I don't see anything wrong with this situation given the families awareness and obvious approval, but I also know his character. We are all entitled to our opinions. BUT in defense of David's character he does not deserve this. I know him, he can handle the jail sentence, but I am saddened to think of what will be left of his career, in light of this story when he get's out.
Ken Dorey, Orlando, Florida
I was a pupil of Mr Le Brocq's at Bovington Middle School, In 2005. And he was one of the nicest people you could ever meet. He teached me for English, And I would see him for help regarding my English work, on the odd break now and then. The pupils all liked him, and it was obvious the teachers all admired and looked up to him. He treated everyone equal. And was a brilliant teacher. He helped me improve my school work significantly. And is one of the greatest teacher's I've ever had. He made a mistake of getting involved with a pupil, I don't deny this. I agree some form of punishment is appropriate, but only to work as an example to other teachers who could possibly make the same mistake. The fact he's in prison, is a digrace. He's no harm to anyone. In my oppinion, Losing his job (Which he was excellant at) and being put on a sex offenders reqister for ten years, Is punishment enough. Just my personal oppinion on the matter. Bottom line, he's a good person.
Matt., Birmingham., UK
Simon's remarks are very valid. What is the point in having an age of consent when one can be punished for consentual behaviour in the eyes of the Law.
Yes, Mr Le Brocq was in a position of trust. One does not expect one's children to enter into sexual relationships with their educators - we 'trust' that this won't happen. However, these things do happen and will continue to happen. Whose trust did Mr Le Brocq breach exactly? The pupil's? No. The parents of the pupil? No.
Should Mr Le Brocq have left well alone and rejected the pupil's affections in order to maintain his position as a well-regarded teacher? Yes, probably.
Should he have been imprisoned for not exercising restraint? No.
We need to have an open and frank discussion in this country about the definition of child abuse to ensure that we are protecting those who are vulnerable and at risk. Karl Donaldson was not 'at risk'.
C Stewart, Glasgow,
This is an utterly outrageous prison sentence. This relationship was between legally recognised consenting adults yet the poor man is sent to prison! This sexual puritanism maddens me. And these children's charities representatives obviously have big problems with sex in general.
When the age of consent for gays was equalised with heterosexuals this silly addition banning teachers etc from having relationships was bolted onto the legislation in order to appease the right wing and the religious .
When I was 16 a relationship with an older man was what I craved, but that was in the dark ages when anyone having gay consensual sex under the age of 21 would have been sent to prison.
The only good thing about this case is that for the first time a gay relationship has been punished with a lesser sentence than that handed out to the equivalent heterosexual relationships, althought the heterosexual relationships were with younger people than 16
David Arnold, London,
Is there not a significant difference between sexual relationships with pupils over the age of consent and those below it; otherwise what relevance has "the age of consent", in either hetero or homosexual relationships?
What purpose is served by locking up this man? He is serving too short a time in custody to undertake a Sex Offender Treatment programme, even if that is relevant. He also faces exclusion from working with children in the future. Isn't that punishment enough for his offence?
There are other equally demanding Community sentences that would manage the risk to society, he apparently poses, by the imposition of custody.
Given the present overcrowding of Britain's prisons, let's have a debate on who should or shouldn't be there.
Philip Harknett, Wimborne, Dorset,
Interesting reporting and interesting use of language. Sexual relations and 'full sex' are different are they? Did Bill Clinton have any say in these new semantics?
p.s Simon, London,