A defense attorney for a former Skyview High School science teacher told a judge Thursday that the sexual relationship between his client and a 17-year-old girl was consensual.
Only Washington’s abuse of trust statute, which applies to teachers having sex with students, made it a crime.
“If he had not been in that position, we would not be here,” defense attorney Gerry Wear said.
To that, Clark County Superior Court Judge Rich Melnick said: “If he wasn’t in that position, the likelihood of this occurring wouldn’t have been there, either.”
The judge then sentenced Nathan J. Botnen, 33, to 18 months in prison for the ongoing sexual relationship he had with a student during the 2007-2008 school year.
Botnen pleaded guilty Dec. 2 to two counts of first-degree sexual misconduct with a minor.
Melnick agreed with Deputy Prosecutor Jeff McCarty’s recommendation for the midpoint of the standard sentencing range of 15 to 20 months, calling Botnen’s actions “disturbing.”
The relationship included trysts that occurred at the victim’s home, the teacher’s home and at school. Citing an instance where the two were purported to have had sex in a remote stairwell of the school, where Botnen knew there were no security cameras, Melnick said Botnen showed bad judgment.
Botnen also showed signs he was grooming his victim when he initiated text messaging with the girl, Melnick said.
“The old adage goes that if you can’t have a relationship in the open, you probably shouldn’t be having it,” the judge said.
Melnick also ordered that Botnen be under community supervision for three years following his release from prison and register as a sex offender for 10 years. He also must undergo a sex offender evaluation to determine what treatment he should have in prison and afterward.
Prior to sentencing, Wear said his client, supported by several friends at the morning hearing, was a good man who went through a rough period and simply had made a mistake. While it’s not an excuse, Wear said Botnen had been estranged from his wife and was lonely.
When confronted by investigators and since, Wear said, his client has been remorseful.
“He manned up,” Wear said. “He basically accepted responsibility.”
Botnen manned up on Thursday, too: “There’s no way I’ll be involved in anything like that again,” he told the judge.
He was arrested in October after the victim’s mother came forward to investigators. She had discovered alarming text messages on her daughter’s phone two years ago, but didn’t confront her daughter because she was worried about damaging the mother-daughter relationship, investigators said.
Another arrest of a Skyview band assistant on suspicion of sexual misconduct prompted her to alert authorities.
The victim, who is now in college, told investigators that she had sex with her teacher about 30 times over a six-month period.
She was not present for the sentencing.
Asked by the judge if the victim was OK with Botnen’s plea agreement and sentencing, McCarty said: “She has not really wanted to go through with this process. … She was happy to see the case resolved.”
A teacher for 10 years, as well as a track and assistant football coach, Botnen resigned from Skyview on Oct. 31.
The school district notified the Office of Superintendent of Public Instruction’s Office of Professional Practices, which could formally revoke Botnen’s teaching certificate. An OSPI spokesman said Thursday that there’s still an active investigation on Botnen and he didn’t know when it would conclude.
Botnen’s wife of 10 years, also a teacher at Skyview, has since filed for divorce. They have three children.
Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.
