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A Miami-area school teacher faces an uncertain future with a baby on the way after her arrest on sexual assault charges.
Heiry Calvi, 41, was charged on Thursday with: lewd and lascivious battery (colloquially known as statutory rape); electronic transmission harmful to minors (i.e., sending a minor sexually explicit material); unlawful use of a communications device; child neglect; offenses against students by authority figures (a sexual abuse charge specific to those who work in schools that abuse students); contributing to delinquency; and possession of a firearm on school property, reported the New York Post.
She posted bond on Saturday and was released. While in custody, the the Miami Herald reported, she told a detective she was pregnant but refused to either date her pregnancy or state who the biological father is.
The charges stem from the discovery in March by school officials that Calvi, who taught at the John I. Smith K-8 Center, was allegedly abusing a 15-year-old student, reported People. The student, who attended J.C. Bermudez Sr. High School (which shares a campus with the Smith Center) at the time of the report, was supposedly showing other students a cell phone video of Calvi abusing him and they told administrators, according to the Herald.
A police report obtained by People says that Calvi had been the student's teacher while he was enrolled at the Smith Center, but the abuse began after he moved to the high school and she began privately tutoring him. The student told police the relationship was consensual — but Florida law does not recognize that children under 16 can consent to sexual relationships with adults and specifically criminalizes romantic relationships of any kind between students and teachers.
"A child does not have the legal authority to give consent even though the child may say 'This is OK,’"Rey Valdes, a spokesperson for the Doral Police Department, told the Miami Herald. "The responsibility is on the adult."
After school officials reported the alleged videos to police, officers searched the students cell phone and discovered: pictures of Calvi and her victim naked, as well as in places other than the school; a series of instant messages proclaiming their romantic feelings for one another; and evidence that Calvi let her victim use her credit card.
When she was arrested, police found a firearm belonging to Calvi's husband in her car, prompting the addition of the firearms charge, according to People.
In a statement to the Herald, the Miami-Dade County Public School system said that Calvi had been reassigned to a "non-school site" as soon as the district became aware of the allegations and plans to begin its termination process against her. Calvi has been employed by the school system since 2001 and taught at the Smith Center since 2005, according to the paper.
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