Former Teacher Argues that Custodial Sexual Battery Conviction Does Not Make the Grade

William Tinsley, a 28-year old former teacher, is waging a battle to have his conviction for custodial sexual battery dropped.

Tinsley was convicted of custodial sexual battery for allegedly fondling a 16 year-old in his home.

Tinsley's argument is that he and the alleged victim were not at school at the time the supposed fondling occurred.

Therefore, he could not be found guilty of custodial sexual battery because the alleged sexual activity did not take place on school property.

Title XLVI of the Florida Statutes addresses sexual battery. In this section the applicable statute states that custodial sexual battery is committed when…a person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, acts in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.