A Teacher from Texas is using her racism to avoid a guilty verdict. Esther Irene Stokes, a 61-year-old teacher at Northwest Preparatory Academy Charter School in Humble, Texas was accused of fondling a 7-year-old African American student. Her defense? She’s racist and wouldn’t touch the girl because she is black.

The first grader claims that Stokes sent all of her students out of the classroom then proceeded to touch the child’s private parts from the outside of her clothing. The girl told police that when she asked Stokes to stop touching her, she was forced to stand out in the hallway without any lunch.

After failing a polygraph test, Stokes denied touching the girl on any part of her body. The complaint states “The defendant stated that she doesn’t like black students because she was prejudiced.” She told police that she has very little interaction with the complainant.

Nevertheless the racial quotes are not proof that the crime was not committed. The Northwest Preparatory Academy Charter School Principal Paul A. Hardin told authorities that the cafeteria records showed that the girl ate breakfast but not lunch the day of the alleged assault.

Stokes was fired from the school and is now free on $10,000 bond. She is scheduled to appear in court on May 21.

Sara Papantonio is a writer and researcher for Ring of Fire.