Former McClatchy High intern teacher Margaret De Barraicua leaves a Sacramento
courtroom Wednesday after pleading guilty to unlawful sex with a minor.
Posted on 09/15/2005 10:23:55 AM PDT by SmithL
In a case that has attracted worldwide attention, Margaret De Barraicua, the McClatchy High intern teacher arrested for having sex with a 16-year-old special-education student, agreed to a plea bargain Wednesday that carries a punishment ranging from probation to 16 months in prison.
"The plea bargain is a compromise between the two competing views of what ought to be a punishment in the case," said De Barraicua's lawyer, Philip Cozens.
The 30-year-old woman, who appeared calm in court, declined to talk with reporters.
The plea agreement was struck after Cozens and Deputy District Attorney Rochelle Hao met behind closed doors with Sacramento Superior Court Judge Talmadge R. Jones.
"The offer made to the defendant is from the court and not from the District Attorney's Office," Jones said as he announced the details in open court.
Under the agreement, De Barraicua pleaded guilty to four counts of unlawful sex with a minor as felonies. Sentencing is scheduled for Nov. 18. In the meantime, two mental health experts were appointed by the judge to evaluate the woman, who has no prior criminal history.
During previous court hearings, two dozen college professors, teachers, longtime friends, neighbors, a pastor and family members wrote letters saying De Barraicua, the mother of a toddler, didn't deserve prison time.
...De Barraicua and the teenager were in the front seat and her 2-year-old son was in a safety seat in the rear of the car.
The teen, who declined to press charges and later failed to appear at an earlier court hearing, told police that they had tried to have sex, but that police arrived before they could complete the sex act.
(Excerpt) Read more at sacbee.com ...
I can't understand why we make such a big deal every time some female teacher does it with a male student considering the sex education in school, condom distribution, oral sex (which is really not sex according to Clinton) in the schoolbus and other carnal practices. What the hell should we expect?
What has always puzzled me is how some hot teacher is able to rape (Rape!!??) some 16-year old stud who probably is some big linebacker on the football team. Perhaps she should take his place in the lineup.
"...arrested for having sex with a 16-year-old special-education student."
Had the victim been as you described, it might've been unethical but may have been legal in certain jurisdictions for the cross-generational sex.
That isn't always the case. If we believe in "equal treatment under the law" we should make no distinction between sexual predators based on the gender of their minor victims. Some victims have been as young as 12, an age where it's difficult to believe consent would ever be remotely considered possible. Yet some still tried to make the case you attempt.
Few victims have the well formed ego you, and the law itself too often, assume any male victim would have. That's exactly why they are sought out by these predators: because they're vulnerable.
You're also seeing this from a heteronormative bias. The student may be homosexual in inclination. Some here might see such heterosexual abuse as a "cure" or other benefit but I don't.
I think, in general, there are perverse immature individuals holding on to "hot for teacher" fantasies from their puberty.
And no, I don't believe the potential for pregnancy or vaginal penetration is sufficient cause to ignore real crime victims simply because they were born with a Y chromosome.
You also missed my point. I was not referring to the particular case of the special education student but to the many "high school sex scandals" that have come to light in the last years.
My question is why we make such a big deal about these cases when we, as a society, encourage aberrant sexual behavior. Check the books, movies and TV programs. What in the world do we expect when teenage girls can have abortions without their parents knowledge or consent and when free condoms are distributed. (I'm sorry, I have a fithy mind. Condoms are made for water balloon fights. Right?)
It is the juiciness of the stories that compel the press to mention it. Sex sells. Usually it becomes even more of a news item when the woman involved is attractive. I just have to bust out laughing every time the word "rape" is mentioned. I bet she really had to subdue the poor guy.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.