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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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I think this should answer your question (I didn't write this - I grabbed it verbatim from the Internet - it was posted by a police officer on another site). The first story posted indicates the victim was 15 when this relationship started - therefore the teacher is in violation. In addition, he was a teacher, or in a position of authority over the victim.

Here's the NJ Criminal Code, I'll follow it with a short summary:

"2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1)The victim is less than 13 years old;
(2)The victim is at least 13 but less than 16 years old; and
(a)The actor is related to the victim by blood or affinity to the third degree, or
(b)The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or
(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(3)The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
(4)The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
(5)The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
(6)The actor uses physical force or coercion and severe personal injury is sustained by the victim;
(7)The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.
Aggravated sexual assault is a crime of the first degree.

b.An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

c.An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1)The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
(2)The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;
***(3)The victim is at least 16 but less than 18 years old and:
(a)The actor is related to the victim by blood or affinity to the third degree; or
(b)The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(4)The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.***
Sexual assault is a crime of the second degree.

L.1978, c.95; amended 1979, c.178, s.26; 1983, c.249, s.2; 1989, c.228, s.3; 1997, c.194, s.1; 2001, c.60; 2004, c.130, s.13."

I put the specific part you are concerned with between sets of ***. The law does not specifically say that a person can legally have sex at 16, but what it does is provide a penalty for anyone having sex with someone under 16. It also provides penalties for having sex with someone who is 16-18, but only under the specific circumstances. So, unless the older person is related to, in charge of, or in a position of authority over the 16 year old, then the law does not provide a penalty for the act.

Posted on: 2009/1/26 15:39
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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What's the age of consent in NJ?

Posted on: 2009/1/26 14:04
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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H.S. TEACHER JAILED AGAIN
Monday, January 26, 2009
By CHARLES HACK
JOURNAL STAFF WRITER

A Hudson County Prep High School teacher is back in an Ocean County jail after being charged with stalking the 16-year-old girl he was accused last month of having a year-long sexual relationship with, officials said.

Ocean County Superior Court Judge James Den Uyl ordered Gustavo Bordenabe, 44, of Point Pleasant Borough, to be held without bail at the Ocean County Jail Friday pending a court appearance tomorrow, Ocean County Prosecutor's Office spokesman Michael Mohel said.

The judge will determine if Bordenabe is in violation of Nicole's Law, which prevents someone charged with sexual assault from having any contact with the victim, Mohel said.

Bordenabe was re-arrested Thursday after allegedly following the girl to her Point Pleasant home that day, officials said. According to published reports, he followed her from a bus stop, making eye contact with her.

The math instructor and girls' soccer and softball coach had been released from Ocean County Jail after making $200,000 bail following his arrest in December, when he was charged with sexual assault, endangering the welfare of a child and criminal sexual contact, officials said.

The tenured Bordenabe, who has worked for County Prep for six or seven years, is accused of having a sexual relationship for more than a year with the Point Pleasant girl, officials said. No further details were provided about the relationship.

He was suspended without pay after his December arrest.

Posted on: 2009/1/26 13:15
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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COUNTY PREP COACH FACES TEEN SEX RAP
Girl abused for over a year: cops

Tuesday, December 30, 2008
By CHARLES HACK
JOURNAL STAFF WRITERS

Resized Image

A coach and teacher at County Prep High School in Jersey City sexually assaulted a 16-year-old girl for more than a year, the Ocean County Prosecutor's Office said yesterday.

Gustavo Bordenabe, 44, a math teacher and girls soccer coach, was arrested yesterday at 11 a.m., authorities said.

Bordenabe, a Point Pleasant Borough resident, is charged with sexual assault, endangering the welfare of a child and criminal sexual contact, said Deputy Chief Michael Mohel, spokesman for the Ocean County Prosecutor's Office. He is being held at the Ocean County jail in lieu of $200,000.

Mohel said the sexual assaults took place for at least a year. A joint investigation by the Point Pleasant Police Department - where Bordenabe and the alleged victim live - and the Ocean County Prosecutor's Office began when a family member of the victim contacted police, Mohel said.

Authorities refused to release any information on Bordenabe's relationship with the victim.

Bordenabe has worked at County Prep for six or seven years, said Paul Swibinski, a spokesman for the Hudson County Schools of Technology. Bordenabe's wife is also employed at the school, Swibinski said.

"This is a serious matter and will be treated as such," Swibinski said. "He will definitely be suspended and will not return to the classroom until this is resolved."

The school is consulting its attorney to see if Bordenabe can be suspended without pay, he said.

Posted on: 2008/12/30 14:29
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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No, pedophilia pertains to pre-pubescent children, not teens.

Posted on: 2008/12/30 13:46
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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Quote:


County Prep teacher is held on underage sex charges
by Charles Hack and Tom Shortell/The Jersey Journal
Monday December 29, 2008, 8:06 PM


A Hudson County high school teacher and coach sexually assaulted a 16-year-old girl for more than a year, the Ocean County Prosecutor's Office said today.



'sexual assualt', 'relationship', 15 year-old (more then a year)

WTF, isn't this called Pedophilia?

Posted on: 2008/12/30 5:34
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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They've got the teacher's photo up on NJ.com. And check out the second-to-last paragraph's of the article below. A bit disturbing, don't you think?

Like there's a chance he could return to the classroom if the issue is resolved? (Unless he's proven innocent, of course.) And we taxpayers may be footing the bill for his salary while he's suspended? Nice.

---------------------------------------------------------

County Prep teacher is held on underage sex charges
by Charles Hack and Tom Shortell/The Jersey Journal
Monday December 29, 2008, 8:06 PM
County Prep Web site photoGustavo Bordenabe

A Hudson County high school teacher and coach sexually assaulted a 16-year-old girl for more than a year, the Ocean County Prosecutor's Office said today.

Gustavo Bordenabe, 44, a math teacher and girls soccer coach at County Prep High School in Jersey City, was arrested today at 11 a.m., authorities said. Bordenabe, a Point Pleasant Borough resident, is charged with sexual assault, endangering the welfare of a child and criminal sexual contact, said Deputy Chief Michael Mohel, spokesman for the Ocean County Prosecutor's Office.

He is being held at the Ocean County jail in lieu of $200,000.

Mohel said the sexual assaults took place for at least a year. A joint investigation by the Point Pleasant Police Department -- where Bordenabe and the alleged victim live -- and the Ocean County Prosecutor's Office began when a family member of the victim contacted police, Mohel said.

Authorities refused to release any information on Bordenabe's relationship with the victim.

Bordenabe has worked at County Prep for six or seven years, said Paul Swibinski, a spokesman for the Hudson County Schools of Technology. Bordenabe's wife is also employed at the school, Swibinski said.

"This is a serious matter and will be treated as such," Swibinski said. "He will definitely be suspended and will not return to the classroom until this is resolved."

The school is consulting its attorney to see if Bordenabe can be suspended without pay, he said.

Posted on: 2008/12/30 4:26
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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this is becoming quite the common occurrence lately. one has to wonder just how many other times it has happened but the two just didn't get caught.

Posted on: 2008/12/29 6:08
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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He was my math teacher back in highschool and he was a great teacher. Im in shock...

Posted on: 2008/12/28 5:20
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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Thus proving math is hard.





Barf.

Posted on: 2008/12/28 1:51
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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"really knew how to teach kids math"

Posted on: 2008/12/28 0:51
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Re: JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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This is pretty sad, I think I know who this is but I'm not sure. If this is the guy who I think it is it would be shocking since this guy had a good passion for teaching and really knew how to teach kids math.

Posted on: 2008/12/28 0:46
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JC Math Teacher/Coach Arrested for "Relationship" with 16 Year Old
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Jersey City teacher accused of sexual relationship with 16-year-old girl

by The Star-Ledger Continuous News Desk
Saturday December 27, 2008, 3:06 PM

A math teacher at Hudson County Prep high school in Jersey City was arrested Friday by Ocean County authorities on charges he had a sexual relationship with a 16-year-old girl for more than a year, according to a report by the Asbury Park Press.

Gustavo Bordenabe, 44, of Point Pleasant, is charged with sexual assault, child endangerment and criminal sexual contact. School officials were notified Friday, a spokesman for the Ocean Prosecutor's Office said. Bordenabe also served as the girls soccer coach for Hudson County Prep. The relationship with the 16-year-old girl occurred in Ocean County, prosecutors said.

Bordenabe is being held on $500,000 bail, authorities told the Asbury Park Press.

Posted on: 2008/12/28 0:36
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