A Texas high school tutor is facing a charge of possession of child pornography after exchanging lewd selfies with a minor while sending role-playing “Batman and Robin” sexting messages.
The 51-year-old high school math tutor faces up to 20 years in prison on two felony charges in connection with a 17-year-old student in which the two exchanged lewd selfies and text messages over a smartphone app.
Among them were sexual role-playing images of the accused as the famous fictional crime-fighting team “Batman” and “Robin.”
The alleged victim, a 17-year-old female high school student in the Houston Independent School District, was purportedly in a consensual relationship with the much older Aldo Leiva, 51. They began the inappropriate relationship in 2015, according to the probable cause warrant which stated that Leiva met the girl at Sharpstown High School while working as a math tutor through a fellowship program.
The girl’s mother discovered the inappropriate photos and text messages on her daughter’s cellphone. She reported her findings to a high school truancy officer. Data later extracted from the girl’s cellphone by Houston ISD police investigators revealed nude selfies of her daughter and digital images sent by Leiva of his exposed and sometimes erect penis. Leiva pretended to be comic book hero “Batman,” wearing a mask, and referred to his male genitalia as “Robin.”
“I found that the Defendant and Complainant would engage in fantasy play referring to the Defendant as ‘Batman’ and referring to his penis as ‘Robin,’ even messaging the teen ‘I want to poke you with my robin’ and ‘Do you want robin inside of you?,'” the investigating officer wrote in the warrant. “After the Complainant responds, yes, the Defendant replies (20 minutes before school lets out) ‘ok I will prepare for the moment so be ready.’”
There were also images of the girl bathing, and texts from Leiva “inducing” her to send those nude digital images. Officers also extracted incriminating evidence from Leiva’s cellphone, although the math tutor only ever claimed in a written statement to be the girl’s mentor, teacher, friend, and listener, the Houston Chronicle reported.
Prosecutors in the Harris County District Attorney’s office charged Leiva with felony possession of child pornography and one count of sexual performance by a child. In Texas, the legal age of consent is 17-years-old, the age at which the purported victim hooked up with the accused in what appeared to be a consensual sexual relationship, according to Houston ISD police investigators. However, state laws consider possession of child pornography to be when an adult has explicit photos of anyone under 18.
During the investigation, the girl told Houston ISD police investigators she was dating Leiva. The probable cause warrant showed the two began this consensual sexual relationship during the summer of 2015. The probable cause affidavit also stated the girl seemed “protective” of Leiva and “attempted to minimize their relationship, however she did admit to sending and receiving nude photos through an App on their phones.”
State District Judge Brad Hart signed a no-contact order on May 24, barring Leiva from any further contact with the teenager although Leiva’s attorney said he would try to get the order lifted because the two wanted to continue their relationship, according to the Houston Chronicle.
Harris County Assistant District Attorney Patrick Stayton pointed out that Leiva took advantage of the teenager. He stated: “We entrust our educators with the care of all children, and that includes 17-year-olds.”
Stayton said: “It’s someone who was place in a position to do a job and that job did not include developing inappropriate relationships with students that were in his care.”
According to Courthouse News Service, this inappropriate teacher student sexual misconduct was reported in February 2016. Leiva is free on $20,000 bond and his next court date is on July 1. If convicted, he faces up to 20 years in prison and will have to register as a sex offender for life.
Follow Merrill Hope on Twitter @OutOfTheBoxMom.