The teacher SHOULD always end up in prison. But it seems that Ethel and Coronation Street have provided exceptions.
The Sexual Offences Act 2003 created an offence of 'abuse of trust: sexual activity with a person under 18'. Where penetration occurred the current sentencing guidelines give a range of 12 to 30 months imprisonment. The normal sentence where a 16 or 17 year old is involved should be 18 months, but there may be mitigating or aggravating factors. The sentence should always be in the 12 to 30 month range.
If the pupil is under 16, the charge will be one of sexual activity with a child. The guideline sentence range is 3 to 7 years in prison, with a normal starting point of 4 years.
Interestingly, one of the aggravating factors that would increase the sentence for either of these offences is that ejaculation occurred. Only in Britain could an offence of penetration assume that ejaculation did not occur!!!
LS