Judge Christopher Ball QC instead imposed a suspended sentence on 31-year-old Andrew Chesney.

Chelmsford Crown Court had been told that Chesney, who taught literature at a school in Burnham on Crouch, had unprotected sex with the 16 year-old.

However, Judge Ball said he had not “preyed” on girls. He said Chesney had been targeted by the girl in question who had effectively flaunted herself and had thrown herself at him from the moment he joined the school.

Imposing 12 months jail suspended for two years and 300 hours unpaid work, he said there were “extraordinary circumstances” which enabled him to take the case “out of the guidelines.”

Chesney, of Great Smials, South Woodham Ferrers, who admitted sexual activity with a child while in a position of trust, was also placed on the sex offenders register and ordered to pay £1,000 costs.

But Judge Ball said the girl had worn “short skirts and low tops” and that she had admitted in her statement that she “fancied” Chesney immediately and she was 16 which meant “in law she was perfectly entitled to choose sexually.”

via >Teacher who slept with 16 year-old spared jail – Telegraph.