Teacher accused of sex with student

POLICE have been refused permission to photograph the tattoo of a North Queensland teacher accused of having sex with one of her students.

The woman was charged last year with four counts of unlawful carnal knowledge of a boy, 17, and five counts of indecent treatment of a girl, 15.

In Townsville Magistrates Court, prosecutor Acting Sergeant Rachel Todd said the indecent treatment charges related to text messages of a sexual nature between the teacher and girl.

Sgt Todd said in an interview with police the girl said the teacher had conversations with her about sexual “activities” with the alleged male victim.

The court heard the teacher also sent the girl a photo of a tattoo on her hip or stomach that spelled out her daughter’s name.

“( The girl) indicates that the ( teacher gave) a photograph of her tattoo to her, and requested for the child to forward it on. I understand that was using the application Snapchat,” Sgt Todd said.

“( The girl said) ‘ every time she sent me a photo and said like ‘ send it to someone or send it out’ I never did because like … no one really gives a s-- t.”

Sgt Todd applied for a forensic procedure order that would allow police to photograph the teacher’s tattoo as evidence.

“The photo is not sexual in and of itself but in the context it forms the foundation for the relationship with the victim child and correspondence with the victim child,” she said.

“It is both probative and relevant.”

Defence barrister Harvey Walters objected to the application.

“The complainant child says that the sending of the photograph of that tattoo was in fact associated with a discussion about tattoos generally,” he said.

“It’s not probative, it doesn’t prove the charge, it’s not relevant, the order should not be made.”

Magistrate Peter Smid said under legislation, the taking of a photo of the tattoo must go towards proving an indictable offence.

The application was denied.