Finding that a high school student can never truly consent to having a sexual relationship with a teacher whose class she is taking, a federal judge has refused to dismiss a civil rights suit brought by a woman who claims she had a 10-month affair with her band teacher beginning in 2003.

“A high school student who is assigned to a teacher’s class does not have the capacity to welcome that teacher’s physical sexual conduct,” U.S. District Judge Eduardo C. Robreno wrote in his 41-page opinion in Chancellor v. Pottsgrove School District.

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