33-year-old Morgan Freche, a former Tangipahoa Parish teacher, faces third-degree rape charges in connection with an alleged sexual relationship with a now 17-year-old student. A police report alleges the student fathered Freche’s child. Legal analyst Franz Borghardt said even if the sexual relationship was consensual, it’s still considered rape. He said it’s not always as simple as yes or no….
“Sometimes consent is a question of can this individual, under the law, make decisions and if the answer is no, then no problem it’s third degree-rape,” said Borghardt
Freche is also charged with four counts of Felony Carnal Knowledge of Juvenile and one count of Oral Sexual Battery. Borghardt said in Louisiana there are a group of sexual crimes in which consent is not relevant. He said the more serious crime of Third-Degree Rape, carries a prison sentence of up to 25 years…
“And the law enforcement agency must have had facts sufficient in their minds to believe that more likely than not probable cause existed to merit arresting that individual on a rape charge,” said Borghardt.
As to the question of whether the student is the father of Freche’s child, Borghardt said a paternity test would confirm if the juvenile is the biological father or not.
“It’s also a piece of evidence that a sexual act occurred between her and the victim,” said Borghardt.
The allegations of sexual misconduct, investigators say, date back approximately two years. The TPSO said the initial report of an alleged student-teacher relationship was taken on September 24th.
Tangipahoa Schools Superintendent Melissa Stilley released the following statement Tuesday.
“We have just learned of the arrest of former Tangipahoa Parish teacher, Morgan Freche. Although personnel and student matters are confidential and the specifics of such matters may not be discussed, student safety and the proper conduct of school district employees are a priority. Neither the Board nor this office will tolerate employee behavior which crosses the line in areas such as the proper professional relationships between educators and their students.
We are fortunate that the children of Tangipahoa Parish are instructed by professionals, and allegations of this nature are unfortunate. We are cooperating with law enforcement in its investigation of this matter at this time.”
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