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Starving Autist
Oct 20, 2007

by Ralp

Apthous posted:

I don't think it is appropriate in any court, civil or criminal, to suggest a 14 year old's sexual history lets the accused off the hook. This is not glorious Nippon where the 14 year old flow like wine and are all fully emotionally developed adults, this is the real world.

Who is being let off what hook here, I honestly don't understand. The person who broke the law went to jail.

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Apthous
Nov 2, 2014

by XyloJW

Ableist Kinkshamer posted:

Who is being let off what hook here, I honestly don't understand. The person who broke the law went to jail.

The school system is being let off the hook in the civil case. I am not arguing the level of their responsibility, I am arguing about the inappropriateness of their choice of legal defense.

Mercrom
Jul 17, 2009

Apthous posted:

I don't think it is appropriate in any court, civil or criminal, to suggest a 14 year old's sexual history lets the accused off the hook. This is not glorious Nippon where the 14 year olds flow like wine and are all fully emotionally developed adults, this is the real world.
What they did wasn't really right, but they basically used slander as self defense against slander, so it's hard to blame them.

Apthous
Nov 2, 2014

by XyloJW

Mercrom posted:

What they did wasn't nice, but they basically used slander as self defense against slander, so it's hard to blame them.

I don't think it is appropriate for a school system to use that type of legal defense in this situation. It would be inappropriate for an individual to use that type of defense, and it is severely inappropriate for a school system to use that type of defense in this situation.

Starving Autist
Oct 20, 2007

by Ralp

Mercrom posted:

What they did wasn't really right, but they basically used slander as self defense against slander, so it's hard to blame them.

This is basically my point, more eloquently stated.

Whorelord
May 1, 2013

Jump into the well...

Death By Yogurt posted:

how hot is the math teacher?

how hot was she?

Cardiovorax
Jun 5, 2011

I mean, if you're a successful actress and you go out of the house in a skirt and without underwear, knowing that paparazzi are just waiting for opportunities like this and that it has happened many times before, then there's really nobody you can blame for it but yourself.

Apthous posted:

The legal definition of non consensual is that a person either says no, or is in a state in which their ability to make a decision whether to do something or not is compromised.
That applies only to laws where consent makes any difference. Minors can't legally consent, so wanting it is not an excuse.

Ableist Kinkshamer posted:

The school didn't break any laws, though. The rapist did, and is going to jail. They aren't defending against charges that they broke the law, they're defending against the accusation that they're responsible for it. If they have to use bullshit arguments to fend off a bullshit accusation, I'm kind of ok with it.
Schools and certain other places have a duty to report, so if someone else was aware of the affair and did nothing, they are actually legally liable.

Starving Autist
Oct 20, 2007

by Ralp

Apthous posted:

I don't think it is appropriate for a school system to use that type of legal defense in this situation. It would be inappropriate for an individual to use that type of defense, and it is severely inappropriate for a school system to use that type of defense in this situation.

They hired a law firm to defend them, whose job it is to do everything in their power to win the case. If appeals to the victim's sluttiness comprise an effective legal defense, I see no reason why they shouldn't use it. It's not really their fault that society at large finds those arguments compelling.

Apthous
Nov 2, 2014

by XyloJW

Ableist Kinkshamer posted:

This is basically my point, more eloquently stated.

You honestly think it is appropriate for a school system to basically suggest a 14 year old is a slut and therefore should be let off the hook at least in part because of it? Ignoring the moral reprehensibility of that kind of legal defense, it is also legally inappropriate because 14 year olds basically cannot legally be "sluts", especially in this type of situation where there is a person of authority committing the crime.

Again, I am not arguing that the school system is liable for the actions of its teacher, I am arguing about the inappropriateness of their legal defense in this situation. I actually probably would side with the school in the civil case against them because unless they knew this person was a pedophile, or could have easily found out then they are not really liable. However, claiming that a 14 year old is a whore in a court of law is just loving disgusting and probably unnecessary to actually win the case. Which makes me think they are piles of poo poo and just wanted to further victimize someone, or were so offended that someone dare question them in a court of law that the claws came out.

Demonachizer
Aug 7, 2004
Could something awful forums user Tokaii weigh in on this?

Apthous posted:

You honestly think it is appropriate for a school system to basically suggest a 14 year old is a slut and therefore should be let off the hook at least in part because of it? Ignoring the moral reprehensibility of that kind of legal defense, it is also legally inappropriate because 14 year olds basically cannot legally be "sluts", especially in this type of situation where there is a person of authority committing the crime.

Again, I am not arguing that the school system is liable for the actions of its teacher, I am arguing about the inappropriateness of their legal defense in this situation. I actually probably would side with the school in the civil case against them because unless they knew this person was a pedophile, or could have easily found out then they are not really liable. However, claiming that a 14 year old is a whore in a court of law is just loving disgusting and probably unnecessary to actually win the case. Which makes me think they are piles of poo poo and just wanted to further victimize someone, or were so offended that someone dare question them in a court of law that the claws came out.

If the lawyers didn't take steps to mitigate damages they would be lovely lawyers. It isn't really a moral thing as the judicial system is extramoral. Sometimes you just shorten it to amoral for space reasons.

Coffee Mugshot
Jun 26, 2010

by Lowtax
The sex probably wasnt even good which is the real tragedy here. I don't know what you're arguing about "14 year olds cannot legally be 'sluts'" but it sounds like you should've went to high school

Apthous
Nov 2, 2014

by XyloJW

Ableist Kinkshamer posted:

They hired a law firm to defend them, whose job it is to do everything in their power to win the case. If appeals to the victim's sluttiness comprise an effective legal defense, I see no reason why they shouldn't use it. It's not really their fault that society at large finds those arguments compelling.

They should be involved in the defense that their hired lawyers are using, and aware of the basic idea of what they will say in court. Again, this is not a private entity and should be held to a higher standard than an individual person. If indeed they were not involved in what defense their lawyers were using and just let them do their thing, then they should have at least offered an apology afterwords and there is no evidence that they did that at all.

Leon Einstein
Feb 6, 2012
I must win every thread in GBS. I don't care how much banal semantic quibbling and shitty posts it takes.
The school system's lawyer came up with the defense. The lawyer has to do what he can to get his client off the hook. This is why people generally hate lawyers. Hth

Gaunab
Feb 13, 2012
LUFTHANSA YOU FUCKING DICKWEASEL
what 14 year old girl didn't want to bang their hot teacher in middle school?

Starving Autist
Oct 20, 2007

by Ralp

Leon Einstein posted:

The school system's lawyer came up with the defense. The lawyer has to do what he can to get his client off the hook. This is why people generally hate lawyers. Hth

Also, this.

Apthous
Nov 2, 2014

by XyloJW

Leon Einstein posted:

The school system's lawyer came up with the defense. The lawyer has to do what he can to get his client off the hook. This is why people generally hate lawyers. Hth

A school district should be more involved in what their lawyers say in a case like this than the average person would be.

TOILETLORD
Nov 13, 2012

by XyloJW
teenager want sex? well i never.

Sephiroth_IRA
Mar 31, 2010
I could see some middle school kid yelling "They're stealing our women!" :argh:

edit: Also the teacher is a pedophile. Wait for it... wait for it...

3 DONG HORSE
May 22, 2008

I'd like to thank Satan for everything he's done for this organization

Apthous posted:

Reasons why I will never respect academia case #87361652:

quote:

LOS ANGELES -- The Los Angeles Unified School District Friday was facing criticism over how the district handled a student sexual assault case involving one of their teachers.

CBS Los Angeles reports that in the civil case at question, their attorneys argued a 14-year-old student was mature enough to consent to sex with her middle school math teacher.

Elkis Hermida, a teacher at Thomas Edison Middle School, was convicted of lewd acts against a child and sentenced in July 2011 to three years in state prison.

The student then filed the case to seek financial compensation from the LAUSD stating she suffered emotional trauma from the six-month relationship with Hermida, according to Southern California Public Radio station KPCC.

During the trial, L.A. Unified's attorney W. Keith Wyatt introduced the girl's sexual history and argued she bore some of the responsibility.

The judge ruled in favor of the district.

"Why is it her fault that she planned on having sex with her teacher? That she lied to her mother so she could have an opportunity to have sex with her teacher," Wyatt said in a radio interview with KPCC. "That she went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn't she be responsible for that?"

KPCC reports the girl's lawyer is appealing the case

http://www.cbsnews.com/news/l-a-school-district-girl-14-mature-enough-to-consent-to-sex-with-teacher/

lmao

Cardiovorax
Jun 5, 2011

I mean, if you're a successful actress and you go out of the house in a skirt and without underwear, knowing that paparazzi are just waiting for opportunities like this and that it has happened many times before, then there's really nobody you can blame for it but yourself.

Demonachizer posted:

If the lawyers didn't take steps to mitigate damages they would be lovely lawyers. It isn't really a moral thing as the judicial system is extramoral. Sometimes you just shorten it to amoral for space reasons.
The legal system is. Lawyers aren't. Those we still get to judge as people. Just because you have a job doesn't mean you're morally excused from responsibility for everything you do performing it.

Leon Einstein
Feb 6, 2012
I must win every thread in GBS. I don't care how much banal semantic quibbling and shitty posts it takes.

Apthous posted:

A school district should be more involved in what their lawyers say in a case like this than the average person would be.
You are wrong. The school district's only priority was winning the case.

LethalGeek
Nov 4, 2009

TOILETLORD posted:

teenager want sex? well i never.

Everyone's screaming slut shamming when maybe, just maybe, 14yos do dumb poo poo and the school isn't their God who can control their every action and that's what this really boils down to.

ArbitraryC
Jan 28, 2009
Pick a number, any number
Pillbug
She was too young to consent but did actively pursue the relationship which is where he gets charged with rape and the school couldn't have really done much to prevent it. It doesn't really seem like the school is trying to label the student as a slut so much as it's saying that they shouldn't be held responsible for what she (and the teacher) willfully did off school grounds. I don't really see how that's unreasonable.

1gnoirents
Jun 28, 2014

hello :)
dat 5 year old wanted it. she rode her three wheeler all the way to the corner motel 6



i mean honestly 14 is 'gettin there' but no it doesnt make your pedo booty calls in the hotel ok math teacher

Apthous
Nov 2, 2014

by XyloJW

Leon Einstein posted:

You are wrong. The school district's only priority was winning the case.

The school district's priority should be educating kids and making sure they are not harmed in the process. Allowing their lawyers to call a 14 year old who was raped by one of their teachers a whore and then not apologizing afterwords is the complete antithesis of everything they should be about.

Libelous Slander
May 1, 2009

... you're just creepy ...

Sephiroth_IRA posted:

I could see some middle school kid yelling "They're stealing our women!" :argh:

edit: Also the teacher is a pedophile. Wait for it... wait for it...

*walks up to podium, taps microphone to make sure it's live*

*clears throat*

"ephebo-
*gun shots*

TOILETLORD
Nov 13, 2012

by XyloJW

Apthous posted:

The school district's priority should be educating kids and making sure they are not harmed in the process. Allowing their lawyers to call a 14 year old who was raped by one of their teachers a whore and then not apologizing afterwords is the complete antithesis of everything they should be about.

sorry the goal of american schools is to make money.

Leon Einstein
Feb 6, 2012
I must win every thread in GBS. I don't care how much banal semantic quibbling and shitty posts it takes.

Apthous posted:

The school district's priority should be educating kids and making sure they are not harmed in the process. Allowing their lawyers to call a 14 year old who was raped by one of their teachers a whore and then not apologizing afterwords is the complete antithesis of everything they should be about.

This happened off school property, right? What could they have done? Also, losing millions in a lawsuit would cost them in insurance premiums and diminish the quality of education they provide.

It's distasteful, but the school really shouldn't be on the hook.

Mercrom
Jul 17, 2009

Apthous posted:

The school district's priority should be educating kids and making sure they are not harmed in the process. Allowing their lawyers to call a 14 year old who was raped by one of their teachers a whore and then not apologizing afterwords is the complete antithesis of everything they should be about.
You know, I agree. What they did is morally irresponsible. They should definitely not have done it. Suing the school doesn't seem right either, but two wrongs don't make a right. It's just hard to be outraged at anyone when everyone involved is being victimized in some way.

ArbitraryC
Jan 28, 2009
Pick a number, any number
Pillbug

Apthous posted:

The school district's priority should be educating kids and making sure they are not harmed in the process. Allowing their lawyers to call a 14 year old who was raped by one of their teachers a whore and then not apologizing afterwords is the complete antithesis of everything they should be about.
I didn't read the full article but did they actually call her a whore or a slut or did they just say that she was a willing participant? It's really not that outrageous of an idea to acknowledge teenagers have sex drives before they can legally consent. The teacher who statutory raped her is still going to jail, the school district really doesn't seem like it should be culpable.

ghlbtsk
Apr 19, 2005

these bath mats
are
GORGEOUS
Everyone knows that teens lack the ability to be responsible for their own actions. Then, on their 18th birthday, God flips a switch on their moral compass and they are instantly cognizant of right vs. wrong, making them all accountable for everything.

Leon Einstein
Feb 6, 2012
I must win every thread in GBS. I don't care how much banal semantic quibbling and shitty posts it takes.

ghlbtsk posted:

Everyone knows that teens lack the ability to be responsible for their own actions. Then, on their 18th birthday, God flips a switch on their moral compass and they are instantly cognizant of right vs. wrong, making them all accountable for everything.
Not alway. 12 year olds are adults if they stab their friend.

Soarer
Jan 14, 2012

I JUST CAN'T STOP TALKING ABOUT OTHER PEOPLE'S PONY AVATARS

~SMcD
When you're getting sued, any defence that wins you the case is an appropriate defence.

Apthous
Nov 2, 2014

by XyloJW

Leon Einstein posted:

This happened off school property, right? What could they have done? Also, losing millions in a lawsuit would cost them in insurance premiums and diminish the quality of education they provide.

It's distasteful, but the school really shouldn't be on the hook.


Mercrom posted:

You know, I agree. What they did is morally irresponsible. They should definitely not have done it. Suing the school doesn't seem right either, but two wrongs don't make a right. It's just hard to be outraged at anyone when everyone involved is being victimized in some way.

I haven't been arguing about whether or not the school should be responsible, I actually don't think they should be unless they had reasonable suspicion to believe he was a pedophile. My problem is with the legal defense that they either allowed or didn't apologize about.


Soarer posted:

When you're getting sued, any defence that wins you the case is an appropriate defence.


This was a public entity defending itself, not an individual person.

TOILETLORD
Nov 13, 2012

by XyloJW

Apthous posted:

I haven't been arguing about whether or not the school should be responsible, I actually don't think they should be unless they had reasonable suspicion to believe he was a pedophile. My problem is with the legal defense that they either allowed or didn't apologize about.



This was a public entity defending itself, not an individual person.

an apology is an admission of guilt, never apologize for anything unless you get something in return.

ArbitraryC
Jan 28, 2009
Pick a number, any number
Pillbug
Well I controlled f and searched for whore and slut in the article and came up empty. Unless they're using old timey slurs like strumpet then I think at no point did the lawyers call a 14 year old girl a slut. Instead it seems like Apthous just made the connection between "she willingly pursued a sexual relationship" and "she's a slut" and then projected their view on everyone else.

sexy young infidel
Nov 13, 2014

Faggot of the Year
2012, 2014
so what? future president hillary clinton slutshamed a 12 year old, this is perfectly legal and moral now

Apthous
Nov 2, 2014

by XyloJW

TOILETLORD posted:

an apology is an admission of guilt, never apologize for anything unless you get something in return.

Not an apology for the actions of the teacher or the actions of the school district during the event, but the legal defense used afterwords.

feller
Jul 5, 2006


ghlbtsk posted:

Everyone knows that teens lack the ability to be responsible for their own actions. Then, on their 18th birthday, God flips a switch on their moral compass and they are instantly cognizant of right vs. wrong, making them all accountable for everything.

thanks be to god

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Soarer
Jan 14, 2012

I JUST CAN'T STOP TALKING ABOUT OTHER PEOPLE'S PONY AVATARS

~SMcD

Apthous posted:

This was a public entity defending itself, not an individual person.

I don't see the difference. Schools are already having financial issues all over the country. If they can save themselves paying out to this girl they will do it by any means necessary.

Courts are where all the poo poo gets dredged up in an effort to win for either side. Just because its a school district getting sued doesn't change that.

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