After nearly 15 months behind bars, a former teacher who sexually assaulted a student has a good chance of having her conviction overturned because it was based on a male-only law.
If her bid is successful, the NSW court ruling could make grandmother Gaye Grant the second former teacher to have her historic child abuse conviction quashed because she is a woman.
The now 77-year-old was sentenced to prison in December 2022 for the two-year abuse of one of her male students in the 1970s.
The boy first met Grant when he was ten and confided in her that he was being bullied.
Starting with the student sitting on her lap and fondling her, the abuse escalated to kissing and eventually to sexual intercourse.
Grant, who was known at school as the ‘cool’ teacher, had sex with the boy when her husband was not around.
After he tried to distance himself from the teacher in the late 1970s, she wrote to him that she loved him.
Gaye Grant (pictured), now 77, was jailed for six years in December 2022 for the two-year abuse of one of her male students in the 1970s
Pedophile teacher Gaye Grant (pictured) was known as the ‘cool’ teacher at school and had sex with the boy when her husband was not around
In handing down her sentence, District Court Judge Andrew Haesler said Grant exploited the teacher-student relationship as well as the boy’s age and vulnerability.
“She abused her position of authority as a respected teacher who had control over the lives of her students,” he wrote.
Grant pleaded guilty to one count of adultery and maintaining an unlawful sexual relationship with a child, and was sentenced to a maximum prison term of six years and nine months, expiring on September 19, 2029.
Her non-parole period was for three years and four months, expiring on April 19, 2026.
The 77-year-old has since appealed, saying she was convicted of a charge on which she “can never lawfully be convicted.”
This legal challenge was filed at a late stage after another teacher, Helga Lam, successfully had her sexual abuse charges quashed in February.
Ms Lam was charged with 15 counts of indecent assault against four schoolboys for offenses dating back to 1978.
Another teacher, Helga Lam, (right) successfully had his sexual abuse charges quashed in February
However, the NSW Court of Criminal Appeal ruled that Lam had been convicted under a law in force at the time that did not apply to ‘conduct committed by a woman towards a man’.
That law was repealed and replaced in 1984.
On March 1, Grant was granted bail and allowed to appeal her own conviction from the Lam verdict.
A court ruling was published on Friday recognizing that the ex-teacher had good chances of overturning her conviction.
“In light of Lam, the applicant’s appeal would most likely succeed,” wrote judges Kristina Stern, David Davies and Stephen Campbell.
The three judges found that Grant should be released on bail because there was ‘no unacceptable risk’ to the victim or the community.
Her bail conditions require her to be of good behavior and appear in court when required.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redressal Support Service 1800 211 028