Lawyers challenge law barring sex between teacher, 17-year-old student

By Pashtana Usufzy

Thursday, July 9, 2015 | 2:08 p.m.

Attorneys for a teacher accused of having sex with a 17-year-old student plan to challenge a law that makes teacher-pupil sexual relationships illegal, even if the student is over Nevada’s age of consent.

Rancho High School teacher Jason Lofthouse, 32, appeared this morning for a preliminary hearing in North Las Vegas Justice Court. He faces 14 counts, including charges of sex acts with a pupil 16 or 17 years old, first-degree kidnapping and open or gross lewdness.

The student initially denied having a relationship with Lofthouse, but she later said the pair had sex at the Aliante and Cannery hotels, according to a North Las Vegas Police arrest report.

She also told police they engaged in sexual activity in Lofthouse’s classroom and that she would skip a class to see him, the report said.

Surveillance images obtained by police showed Lofthouse kissing the teen in an elevator at the Cannery, according to an arrest report.

One of the girl’s peers told police rumors circulated last year that Lofthouse was involved with another student, the report said.

Louis Schneider, one of Lofthouse’s two attorneys, said the defense plans to ask the Nevada Supreme Court to deem unconstitutional part of the law making it illegal for school teachers, staff or volunteers to have sex with students over the age of consent.

Schneider described the relationship as consensual.

The age of consent in Nevada is 16, but under a law covering school employees and volunteers, it is illegal for a teacher to engage in sexual activity with a student under age 18.

Schneider argued the law doesn't have any wording regarding the intent of an educator who engages in sexual acts with a student, and he believes that will be key to getting it struck down as unconstitutional.

Defense attorney Robert Draskovich said today in court that it was inaccurate to describe the teen as a victim.

“This is not a sexual assault case,” he said. “We take issue with this girl being referred to as a victim. She’s reached the age of consent.”

Chief Deputy District Attorney Barbara Schifalacqua declined to comment on specifics of the case but said in court Lofthouse had the intent of keeping the girl from her parents when taking her to the hotels, which she argued constitutes kidnapping.

The student was called as the sole witness during the hearing, but her testimony was not open to the media.

Lofthouse taught advanced-placement human geography and honors U.S. government, according to the Rancho High School website.

He was arrested at Rancho on June 4, the last day of school, and is being held without bail at the Clark County Detention Center, according to jail records.

The Clark County School District previously said it planned to take steps to end Lofthouse’s employment.