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'I would say that the aspects of this case are consensual, across the board. 'She's indicated to me that she wants to continue to have contact with him,' Gary Tabakman, the defendant's attorney, told the Chronicle. The court record alleges that the two engaged in Batman-and-Robin-style sexual fantasy role-play via text messages. The girl told investigators that the couple had a consensual sexual relationship. In addition to child-porn possession allegations, the tutor is charged with inducing the girl to send him nude photos-an alleged crime called 'performance by child,' according to court documents. 'It's someone who was placed in a position to do a job and that job did not include developing inappropriate relationships with students that were in his care.' That was not possible because they were not married. 'We entrust our educators with the care of all children, and that includes 17-year-olds,' Assistant District Attorney Patrick Stanton told the Houston Chronicle. Art and Jim were one of the first gay couples to become fathers through adoption. According to court records (PDF), the tutor gave police his phone and unlocked it for them, and nude images of the girl were allegedly recovered. Leiva posted $20,000 bond last week, and a local judge issued a no-contact order between the girl and the tutor.

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