Teacher accused of sex with student
Pojoaque Valley High educator charged with raping male student
A science teacher at Pojoaque Valley High School faces felony rape charges for having sex with one of her male students.
Jennifer Vigil, 31, who was arrested Tuesday, maintains that the sex was consensual, but the student says he told her he found the idea of sex with Vigil “disgusting.”
The student took a picture with his cellphone during one sex act with Vigil in her classroom. He said he consented to the sex as “the only way he was going to get out of the situation” after Vigil locked the doors and propositioned him, according to a detective’s report.
Sheriff’s Maj. Ken Johnson said Wednesday that the sex between teacher and student was still illegal even if it was consensual.
“In her position of authority it’s prohibited to engage in any type of sex activity with a student regardless of whether it’s consensual or not,” Johnson said.
The Santa Fe County Sheriff’s Office filed two charges of fourth-degree criminal sexual penetration against Vigil, who has worked at Pojoaque Valley schools for eight years.
Vigil is accused of having sex with one of her male horticulture students on two separate occasions, according to a detective’s criminal complaint filed in Magistrate Court.
The Sheriff’s Office got involved after the student reported to school personnel that he had been coerced into having sex with the teacher.
According to the criminal complaint, the student said that on March 22 he met with
Vigil after school to turn in an assignment. He said when he entered the classroom, Vigil locked the doors and said, “You’re not leaving until I get something from you.”
The student asked what Vigil wanted. Vigil said she would help him out if he helped her out and said, “So why don’t you just give (it) to me and I’ll leave.”
The student said he told Vigil, “No, that’s disgusting. You’re a teacher.” They went back and forth until Vigil agreed to let the student leave in exchange for letting her perform a sex act on him, which the student said he thought was the only way to get out of the situation.
The student took a photograph of the sexual encounter on his cellphone, which was identified by the detective as being a picture of Vigil.
Vigil subsequently gave a statement in which she said she had sex with the student twice and that it was consensual.
Vigil said that on April 2 during lunch the student dropped off an assignment. The student requested a sexual act from Vigil, which led to sex, she said.
She said that on April 12, the student again requested to have sex with Vigil, to which she agreed.
Vigil was charged under a section of state law that makes it illegal for school employees to have sex with students. According to the complaint, Vigil said she was aware that she had authority over the student because she was his teacher.
Maj. Johnson said Vigil was charged for the two April incidents she described. He said that although the case is still under investigation and more charges could be filed later, it’s possible that the student was confusing the March 22 encounter he alleged with one of the two dates in April.
Vigil was booked in the Santa Fe County jail Tuesday and is being held without bond.
Pojoaque Valley schools human resources director Angela Lobato said Vigil would be on administrative leave pending the outcome of the sheriff’s investigation.
“We do take these allegations seriously and we follow protocols when dealing with these issues,” Lobato said. “... We are getting back into the business of educating our students and providing high-quality education.”