Sex Abuse Charges Dropped Against Md. Teacher Due To Loophole

MONTGOMERY COUNTY, Md. (WJZ) — Serious charges are dropped against a Maryland school teacher and coach. Scott Spear, 47, was once accused of having sex with a student but, as Mary Bubala reports, a snag in Maryland law got him off the hook.

The middle school teacher and high school coach in Montgomery County no longer faces sex abuse charges.

“This should never have happened. I committed no crime,” Spear said.

Police say Scott Spear had sex with a 16-year-old female student from Richard Montgomery High School and charged him with a fourth-degree sex offense. But those charges are now dropped because of a loophole in Maryland state law.

Spear was only a part-time employee at the high school and under state law, school personnel can only be charged with having an inappropriate sexual relationship with a student if they are full-time.

“Our daughter is going to go to that exact school, so we are very concerned,” said one parent.

Parents fear Spear will get his teaching job back at Julius West Middle School, where he was full-time.

“I wouldn’t be comfortable with having my daughters there, him being a teacher,” said a parent.

Spear says he wants to get his life and his job back.

“I just want to get back and do what I have always done. I hope I get that chance,” Spear said.

Prosecutors say they will try to get rid of the part-time employee loophole and are talking with lawmakers in Annapolis about changing state law.

More from Mary Bubala
  • wllharrington

    Since Maryland has been ruled by a democratic legislature for over a quarter of a century it is no surprise that they would pass a law such as this.

    • cgrace

      such a law has nothing to do with the democratic party you boob. that comment gave me a good laugh. it’s extremely irresponsible for you or anyone to imply that democrats would allow such an act or find sexual misconducts of any child anything but disgusting. grow up.

      • commonsense711

        um….. it has everything to do with your democratic party…they have been the ones making the laws in this state forever

  • Honest Steve

    When you elect defense attorneys to write your laws this is what you get.

    Most of MD politicians are defense attorneys…you dont think they left some of these “loopholes” on purpose?

  • Bill

    I believe this is common behavior according to the Koran? The president should appoiogize to this man for the actions brought against him by (OUR) Constitution,

  • Phil

    This is just absolutely disgraceful! He deserves to rot in jail for life for touching a young girl!

  • chubrock

    But why are they not charging him with statutory rape. By law he is well over the 4 year mark to have sex with a 16 year old girl. And this law carries a up to 20 year punishment to it. Change laws needs to be done to make things easier to understand. 1 Automatic deathsentenance for anyone who rapes a man woman or child. 23 Anyone who uses deadly force in the act of any crime.3 Anyone that doesn’t report of someone they know that is being beaten,raped, or molestied. IF YOU BREAK ANY OF THESE LAWS, THERE IS NO PLACE IN SOCIETY FOR YOU AND SHOULD BE PUT TO DEATH!!!! No fancy appeal system, no living on the tax payers dime. We MUST make our laws so everyone can understand and obide by them. I am so tired of the criminals having more rights then we do, and any loophole and they get off!!!

    • RavenLude

      16 is the age of consent….if it was consenting relations, he didnt violate MD law. they only had him on criminal charges to begin w/ because he is a teacher. if he was anything else and had consenting relations w/ a 16 year old, it would be legal.
      im not endorsing that his actions were right and that he has morals.

    • JANET

      nice reply..lets do it ! do you know where to start?

    • Dave

      The 4 year mark only applies to persons 14 and 15 years old. In Maryland, once a girl (in this case) reaches age 16, any adult of any age can have consensual sex with her, except for those in positions of authority over her, including teachers. He’s not being charged because he comitted no crime, in the eyes of the law.

    • Larry26

      I agree with your sentiments, but the only way to do this is to vote every attorney out of office and then, let it go to the courts. There are too many loopholes.

    • ron

      I believe the age of consent in MD is 16. So he can not be charge with statutory rape.

  • yousefthe giant

    This comb over weasel pencil prick will get his one day soon. I’d love to see him in a cell with his mate Ben Dover. Ahhhh, justice.

  • MJH

    Being a father of a young daughter I would not allow him to walk around comfortably. He would know I’m comig for him one day and that in its self should be enough to drive him crazy. Then one day he would vanish. I have no problem with taking the life of someone who has abused my chlid or wife and my family knows that.

  • Mike

    So what about the law of statutory rape?

  • just sayin'

    Get real. Consider what percentage of 16 year olds are sexually active today. Not only does the law say that they are old enough to make the choice, many many many of them make just such a choice. You people need to wake up.

  • Steve Wilson

    Amazing how close to savagery these fine Christian citizens are.

    • JANET

      hey who said anything about US being Christian’s????

      anger and outrage that such a loophole exists and maybe we are sick of lowlifes behaviors..I don’t see any women making synde remarks like some of the men are…could it be the difference in the way WE THINK or CHOSE TO BEHAVE??

  • Really????

    Since when the person who committed a crime can only be charged since he have a full time job?….So..does this mean anybody who has no job to partime job can’t be charged?…get real…crime is a crime whether you’re white, black, indian, spanish.whether you have no job, collection welfare, ssi, part time job, full time job, lottery winner or you’re riches.

    • Matt

      No, what they are saying is, it is only a crime if you are a full time teacher because having sex with students is against the law iff you are a teacher. The issue has nothing to do with her being 16 because in MD you can have consensual sex with a 16 y/o and not be a crime.

  • hooty-hoot

    I think what makes me sick is his attitude… YOU ARE 47 YEARS OLD and had $ex with a little girl!!!! She has barely past puberty and has NO reasonable concept of how this could effect her in the long run (any adult who thinks otherwise must maintain the mentality of a 16 year old). A you serious??? Do you think any parentintheir rightmind will EVER trust you with their daughters? You want your life back? Your job? Do you not see how ethically WRONG your behavior is? HOLY MOLEY!!!!

    • Dave

      Hoot, Your sentiment is appreciated, but let’s be more realistic about this. This is not a “little girl” we’re talking about. She’s not some innocent 7 or 8 year old. This story took two people to make possible. I’m a single father of a 17 year old daughter. Her girlfriends spend the night at the house all the time. They prance around me with next to nothing on, make suggestive comments during innocent conversation, and even flirt. I don’t buy into any of it of course, but these “little girls” know exactly what they are doing and the effect they have on men. Barely out of puberty?? Obviously, you don’t have kids. I’m not defending this guy, but let’s not discuss this as if he raped a schoolgirl on her way to kindergarten!

      • dave

        I’ll bet you’ve copped a few feels.

      • JANET

        Dave, you must be the SICK SOB’s best friend with that kind of remark to Hoot

        ( I’ll bet you’ve copped a few feels)

  • business

    If this was my daughter – we’d be reading a hole different kind of story,

    • yousefthe giant

      She is somebody’s daughter & that is why something needs to be done with this pencil prick.

  • Lisa

    What the HELL? So all a pedophile has to do if he/she wants to get away with raping a child, is get a PART time job at a damn school !? What’s wrong with this picture ?

  • Sleeping with students is class-less : The Round Table

    […] Spear now hopes to get his life and job back, reports CBS Baltimore. […]

  • Sleeping with students is class-less « Ana Billotti's Journalism Portfolio

    […] Spear now hopes to get his life and job back, reports CBS Baltimore. […]

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