Stuart Van Dyken: Teacher created ‘sexualised environment’: Court
A teacher who is on trial accused of performing a sex act with a pupil allegedly created a “sexualised environment” for his pupils, a court heard. It was also claimed he created a sense of fear and pupils were unable to tell if he was joking or angry.
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A teacher who is alleged to have performed a sex act with a student in an empty classroom created a “sexualised environment” for his pupils, a court heard.
Stuart Van Dyken, 52, has pleaded not guilty to sexual intercourse with a child under special care and a second charge of inciting a child over 16 to perform an act of indecency.
The trial has previously heard allegations Van Dyken hugged students, even kissed the alleged victim on the head and engaged with one pupil via text message.
The prosecution solicitor Linda Barnes told the judge-only trial the environment the inner west high school teacher had created made it “normal” for one of his students to give him her number, which she wrote on the bottom of a worksheet - an allegation previously heard.
The crown alleged Van Dyken then “engaged” with her via text.
The trial previously heard from his former students who had described him as sometimes the fun teacher and sometimes the angry teacher.
As a result Ms Barnes argued the complainant wasn’t sure if he was joking or whether he was being serious when he allegedly proposed the sex act.
The crown also said he created a sense of “fear” in the classroom, and said he yelled at the class and stormed out on one occasion.
However, Judge Penelope Hock said these matters didn’t hold much weight in the proceedings and may just suggest he “wasn’t a particularly good teacher”.
The prosecution case is that the teacher and the complainant were talking alone at end of the school day in his office when the conversation “shifted” and he offered to perform oral sex on her, which she refused, before asking if she would give him oral sex “right now” and told her to meet him in another room.
Ms Barnes said the “next thing” the girl knew, she was being encouraged to unzip the then 52-year-old’s pants before he stood between her and the door.
Intimidated, she attempted to remove herself but Van Dyken propositioned her to perform oral sex on him, the court heard.
The girl got down on her knees and started to perform oral sex on him, the court heard.
Ms Barnes said the girl then backed off telling the teacher she could not do it, drawing a “sigh” from Van Dyken.
The trial continues on Tuesday.