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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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To: NormsRevenge

Mixed feelings. We have a moral obligation to keep criminals safely locked away in prison, so that they cannot harm innocents, but also so other criminals cannot harm them. When the courts fall short, I start to reconsider that moral obligation. Our primary obligation is to protect the innocent, and the justice system is only a means to that end.


41 posted on 11/13/2014 6:37:28 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: FrdmLvr
tammy bruce has been warning of this a long time
42 posted on 11/13/2014 6:46:43 PM PST by sloop (don't touch my junk)
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To: NormsRevenge

Even an 18 year old student ahould not have ability to consent in high school to sex with an TEACHER.


43 posted on 11/13/2014 6:51:42 PM PST by Yaelle
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To: Yaelle

bump

Public officials have a duty not to abuse their positions, they should be treated more harshly under the law that civilians.


44 posted on 11/13/2014 6:53:07 PM PST by GeronL (Vote for Conservatives not for Republicans)
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To: GeronL

than


45 posted on 11/13/2014 6:53:21 PM PST by GeronL (Vote for Conservatives not for Republicans)
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To: sloop

Happy to hear that. Great minds think alike.


46 posted on 11/13/2014 7:29:16 PM PST by FrdmLvr ("WE ARE ALL OSAMA, 0BAMA!" al-Qaeda terrorists who breached the American compound in Benghazi)
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To: Yaelle
Even an 18 year old student ahould not have ability to consent in high school to sex with an TEACHER.

the student has virtually no responsibility whatsoever...the onus is on the so called adult...the teacher. An 18 year old student making a pass at a teacher has comitted no crime. A teacher, of whatever age making a pass at a student of any age has indeed done a NO-NO!!

47 posted on 11/13/2014 7:34:15 PM PST by terycarl (common sense prevails over all)
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To: NormsRevenge

Sodom is here. There will be a lot of perverts dead and a lot of parents in prison. I would not tolerate any legal authority that permitted a perverted adult to prey on my children. I am not British.


48 posted on 11/13/2014 8:44:08 PM PST by SaraJohnson
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To: NormsRevenge

USSCJ Ruth Bader Ginsburg wrote a paper advocating the age of consent for sex between an adult and minor be lowered to 11 or 12, I have forgotten which.


49 posted on 11/14/2014 4:54:19 AM PST by stockpirate (This will stop when conservatives go on strike and demonstrate in the streets until we shut it down.)
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To: Blue Ink

Exactly. I remember the California of not so long ago that elected Reagan twice; it was a great state and a leader in things besides sodomy and liberal guilt re-education.

California is plagued by east coast liberal elitist leadership that came here post WW2.

It’s not the place, it’s that 60% of the people are sold out to the world; selfish, adolescent, and short sighted. Everyone is in a grievance group.

This is what happens when a people forsake God and think they know better.

The same thing is happening in Texas and elsewhere. It’s the people that are rotting from the inside out, and culture and politics reflect that rot.


50 posted on 11/14/2014 6:19:49 AM PST by ecomcon
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To: ecomcon

“California is plagued by elitist East Coast liberal leadership that came here post WW2.”

BAM. Exactly.

In other states, pols from elsewhere are rejected as carpetbaggers. Why not here?

Now if you’ll excuse me, ex-speaker Pelosi and Senators Boxer and Feinstein want to audit my state income taxes, for some reason.


51 posted on 11/14/2014 11:45:57 AM PST by Blue Ink
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To: livius

I must have misread - too much multi-tasking.


52 posted on 11/14/2014 1:55:57 PM PST by neocon1984
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