ILNews

Attempted child seduction case exposes gap in law

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court is considering whether a teacher took a substantial step toward the crime of attempted child seduction when he sent explicit Facebook messages to a 16-year-old student and proposed arranging to meet for sex.

Robert Corbin was a teacher and swim team coach at Knox High School in northwest Indiana in 2012 when he allegedly sent Facebook messages to the student. In one, he encouraged her to sneak out after an adult at home was asleep so they could meet to “physically take care of” his arousal.

A relative of the student discovered the messages and notified authorities.

david David

Starke County Prosecutor Nicholas Bourff charged Corbin with two counts of Class D felony attempted child seduction. While the Court of Appeals called Corbin’s conduct deplorable and immoral, the panel reversed the trial court’s denial of his motion to dismiss, holding that he hadn’t taken the substantial step required under the general attempt statute, I.C. 35-41-5-1.

The Indiana Supreme Court heard oral arguments last month in Robert Corbin v. State of Indiana, 75S03-1401-CR-13.

Corbin’s attorney, Nicholas T. Otis of Newby Lewis Kaminski Jones LLP in LaPorte, argued before the justices that because Corbin was never in the physical presence of the child, he could not have committed child seduction, so the attempt statute cannot apply.

“The government is asking this court to expand the definition of the attempt statute well beyond the interpretation of any court in this state,” Otis told justices.

But the state argued that a teacher sending messages of a sexually explicit nature to a minor student and enticing the student to come to him should meet the substantial step requirement. The state also voiced concern about the public policy implications of dismissing the charges.

“This is going to be a common scenario” due to the rise of social media, Deputy Attorney General Justin Roebel argued.

Corbin was fired from his job after he was charged, and according to the Indiana Department of Education, his teaching license expired the same year as the alleged contact. But it is up to the court to determine whether his case should be dismissed or remanded for trial on the criminal charges.

Indiana School Board Association General Counsel Dave Emmert watched arguments in Corbin’s case and said he believes the law doesn’t address the particular actions alleged against the former teacher.

Emmert said the law requires proximity to a child and not just an intent or communication regarding an attempted sex crime involving a minor. It’s unclear, though, whether the law requires an opportunity for direct physical contact or a scenario such as someone sitting in a car outside the child’s home, for example.

“We don’t know where that line is, and that’s for the court to draw or for the Legislature to amend it,” Emmert said. “There is a gap in the law.”

School systems and individual schools, meantime, may provide a level of student protection by enacting policies that set forth expectations for teachers who do contact students via social media.

“They have to be policies that survive the First Amendment freedom of speech requirement,” Emmert said. Schools shouldn’t be advised to implement prohibitions on social media contact between students and teachers, he explained. Rather, they should craft policies that say teachers should present themselves as positive role models and that punishment for inappropriate communication with students may be grounds for termination.

Aside from the First Amendment problems arising from absolute prohibition, such a policy would be impractical, Emmert said. “Teachers are coaches in their spare time, some are youth leaders in their churches, some are Sunday school teachers, 4-H leaders, and they’re communicating with students all the time.”

Bourff, the prosecutor, also sees a gap in the law and said authorities are placed in a difficult situation when relatives come to them with evidence that someone, particularly a person in a position of trust such as a teacher, appears to be preying on children.

“We wouldn’t have filed the charge if we didn’t think he’d done something wrong,” Bourff said referring to Corbin. “The question we’re hoping the Supreme Court can answer is, ‘Where do we draw the line?’ I think both sides are looking for the answer.”

Chief Justice Brent Dickson and Justices Steven David, Robert Rucker and Loretta Rush each challenged Otis on whether the court had authority to dismiss a case where the factual allegations of the charges track the language of the statute, as is the case in Corbin.

Otis replied that even if the state proved each factual allegation against Corbin, the facts wouldn’t support a conviction for attempted child seduction.

“Are you sure?” David asked. “Who knows how facts are going to play out at trial? … You may be right, but it appears we may not be here at the right time for this.” He suggested a jury might find that Corbin had indeed taken the substantial step.

“He’s offering to go get her,” David said. “To me that changes the whole physical proximity situation.”

Otis contended, “The caselaw simply doesn’t support moving forward with this case.”

But Roebel argued for the state that Corbin’s actions didn’t merit dismissal, and that prior cases on point lacked the element present in his case. “Here we have (Corbin) basically taking a much more final step, telling the child to sneak out and come to me,” Roebel said.

Otis, though, said legislative intent in such cases was clearly articulated by an amendment to the general attempt statute passed this year and which takes effect July 1 – I.C. 35-41-5-1(c). The new language there specifies that an attempted sex crime against a child will require that someone who communicates about a sex crime against a child will also have to travel “to another location to meet the child or the individual the person believes to be a child.”

Rush seized on that new language to challenge Roebel. “Would you concede you would lose this issue,” she asked, under the statute taking effect July 1?

But Roebel contended the charge could still be made even under the new language that requires travel. “There’s no reason to think that there’s not other ways to attempt molestation,” he offered as an example in response.

Otis rebutted: “There is no legal way under the new attempt statute that Mr. Corbin could be convicted of attempted child seduction.”

Stephen Creason, chief counsel in the attorney general’s office, said in a statement after oral arguments that the state has an interest in seeing that children are protected from sex crimes which are “a widespread and pernicious danger that police and prosecutors throughout the state are determined to prevent.”

Corbin, Creason said, “asks the Indiana Supreme Court to adopt a rule that would require the child to be in the presence of the predator before he could be charged with attempting a sex act. The State believes this rule is too restrictive as it puts the child in danger before law enforcement authorities can act.”•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

ADVERTISEMENT