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LAUSD argued middle schooler can consent to sex with teacher [updated]
KPCC (89.3 FM) ^ | 11/13/14 | Karen Foshay

Posted on 11/13/2014 4:40:29 PM PST by NormsRevenge

Last November, Los Angeles Unified School District lawyers fighting a civil lawsuit argued in court that a 14-year-old middle school student was mature enough to consent to having sex with her 28-year-old teacher, and that she bore some responsibility for what happened. The district's attorneys also introduced the girl's sexual history into the trial as part of their defense strategy.

Two legal experts sharply criticized the school district for using those tactics. They also said the case highlights a little-known conflict in California law: while the age of consent is firmly set at 18 in criminal cases, at least two appellate court rulings have found that in civil cases, it is possible to argue that a minor can consent to sex with an adult.

Last November's case involved a math teacher at Thomas Edison Middle School in Southeast Los Angeles who in December 2010 began a six-month sexual relationship with a girl who went to the school. The teacher, Elkis Hermida, was convicted of lewd acts against a child and sentenced in July 2011 to three years in state prison.

(Excerpt) Read more at scpr.org ...


TOPICS: Crime/Corruption; Culture/Society; US: California
KEYWORDS: california; consent; education; lausd; teacher
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What a mess California has become.

Yes means Yes on campus.

No means Maybe in middle school.

Under-age these days..

Doesn't matter.

They say she said Yes.. before..

but who lit the bonfire at the prom?

6 months of hanging with a 14_YO?

He got 3 years state prison..

Justice? Street Justice, apparently.

In another California court.

Leading the nation over the edge into the abyss..

again.

1 posted on 11/13/2014 4:40:29 PM PST by NormsRevenge
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To: NormsRevenge

Lesbian “rights” are trump in this card game.


2 posted on 11/13/2014 4:42:33 PM PST by neocon1984
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To: NormsRevenge

Someone remind me why the fence shouldn’t include Cali.


3 posted on 11/13/2014 4:42:56 PM PST by Norm Lenhart (Feet to the fire folks. YOU PROMISED!)
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To: NormsRevenge

We live in a sick, sick country.


4 posted on 11/13/2014 4:43:09 PM PST by FlingWingFlyer ('Provisional ballots'. When legal votes just aren't getting the job done. - The DemocRATS.)
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To: NormsRevenge

July 2011 to three years in state prison. —

Time’s up July 2014, if he served full time.

Where is he?????


5 posted on 11/13/2014 4:43:57 PM PST by Scrambler Bob (/s /s /s /s /s, my replies are "liberally" sprinkled with them behind every word and letter.!)
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They also said the case highlights a little-known conflict in California law: while the age of consent is firmly set at 18 in criminal cases, at least two appellate court rulings have found that in civil cases, it is possible to argue that a minor can consent to sex with an adult.

..

It is also possible students could legally argue (”The dog ate my paperwork!”) and have a leg to stand on .. while having sex with the teacher.. or getting tutored or sumthin’.

DISCLAIMER:: I apologize to All those who will be offended as they read this thread’s comments in advance. I am claiming jetlag and a strong desire to go back in time and get a former English teacher to sign me up for turoring sessions. :-)


6 posted on 11/13/2014 4:46:14 PM PST by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: Scrambler Bob

We should have sent him to fight Ebola.


7 posted on 11/13/2014 4:47:18 PM PST by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: NormsRevenge; neocon1984

Incredible. Neocon, where do you get the “lesbian” aspect? The teacher was a guy.

This is disgusting, but I bet you’re going to see more and more blame the victim stuff going on. After all, Muslims put girls to death after they rape them.


8 posted on 11/13/2014 4:47:25 PM PST by livius
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To: NormsRevenge

hang the child molester


9 posted on 11/13/2014 4:49:41 PM PST by GeronL (Vote for Conservatives not for Republicans)
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To: Norm Lenhart

Excellent idea. I’d gladly kick in some extra taxes to include CA in the fence. That would keep them out of Texas. We don’t want them.


10 posted on 11/13/2014 4:50:30 PM PST by txrefugee
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To: GeronL

Ping.


11 posted on 11/13/2014 4:51:07 PM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: NormsRevenge

Don’t we need a picture to decide this one?


12 posted on 11/13/2014 4:52:45 PM PST by 11th_VA (Impeachment is not the answer)
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To: Army Air Corps; Morgana

Child molesters now claiming the kid should be punished.

Can society go any lower.

It probably will.


13 posted on 11/13/2014 4:55:24 PM PST by GeronL (Vote for Conservatives not for Republicans)
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To: Norm Lenhart

Makes perfect sense. California IS Mexico.


14 posted on 11/13/2014 4:56:04 PM PST by BlueStateRightist (Government is best which governs least.)
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To: txrefugee

After you fence off California, the state that pays more federal taxes than any other state, than any ten states combined— I’m sure none of you will then mind when we turn off the tap.


15 posted on 11/13/2014 5:04:09 PM PST by Blue Ink
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To: BlueStateRightist

There will be that fence. Eventually. Might be made of scrapped cars and landmines but eventually that fence will exist.


16 posted on 11/13/2014 5:04:24 PM PST by Norm Lenhart (Feet to the fire folks. YOU PROMISED!)
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To: NormsRevenge

We should have sent him to fight Ebola.

What “him”.

This was a woman.


17 posted on 11/13/2014 5:04:26 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: Blue Ink

Not at all since Cali is a net drain on society. And the source of Sierra/green interference with the other 49 becoming what they could be.

Leave that rathole.


18 posted on 11/13/2014 5:05:53 PM PST by Norm Lenhart (Feet to the fire folks. YOU PROMISED!)
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To: GeronL; metmom

LAUSD?


19 posted on 11/13/2014 5:09:46 PM PST by Morgana ( Always a bit of truth in dark humor.)
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To: NormsRevenge
This is a civil suit, not criminal. The guy has already been convicted of the crime.

The civil suit is against the District for alleged negligence. I doubt these are District lawyers, but insurance defense counsel. These defenses are potentially available and defense counsel raised them. Might be malpractice if they didn't.

20 posted on 11/13/2014 5:10:29 PM PST by colorado tanker
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