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Apthous
Nov 2, 2014

by XyloJW
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/

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Apthous
Nov 2, 2014

by XyloJW

Voted Worst Mom posted:

She might've wanted it, but he probably shouldn't have gave it to her imo

In no jurisdiction in the US can a 14 year old legally "want it".

Apthous
Nov 2, 2014

by XyloJW

comes along bort posted:

sounds like your problem rests with the criminal justice system imho

It was the civil case that this article refers to, not the criminal one. He was still sentenced to three years in prison, but she didn't get any cash money for being raped.

Apthous
Nov 2, 2014

by XyloJW

Death By Yogurt posted:

how hot is the math teacher?

There is a picture of him in the article you dolt.

Apthous
Nov 2, 2014

by XyloJW
One of these guys is a famous porn star. The other is a guy who likes to gently caress his 14 year old math students. Guess which one is which:

Apthous
Nov 2, 2014

by XyloJW

Cardiovorax posted:

By what logic is "she wanted it" a legal defense for breaking the law, anyway? Even if she did, it'd at best be a mitigating circumstance.

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.

Apthous
Nov 2, 2014

by XyloJW

Friendly Tumour posted:

both of them are going to star in an anal scene soon

He was convicted to 3 years in 2011 he is probably out of prison now.

Apthous
Nov 2, 2014

by XyloJW

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.

The article talks about the offense taken at the reasons used by the school's lawyers to defend themselves in civil court which basically amount to "the victim is a good for nothing slut". When people talk about sexual abuse victims being re-abused by the courts this is exactly what they are talking about. I can understand maybe using the "good for nothing slut" defense when you are talking about someone who is of age, but this poor girl was 14.

Apthous
Nov 2, 2014

by XyloJW

Ableist Kinkshamer posted:

If these arguments were being made in the criminal trial against the rapist, I'd agree. The claim that the school is responsible for the rape is just as full of poo poo as the claim that she was asking for it. Maybe in the future she'll think twice before filing another frivolous lawsuit.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Apthous
Nov 2, 2014

by XyloJW

Soarer posted:

I don't see the difference. Schools are already having financial issues all over the country.

Maybe if they didn't act like little indigent shits when someone dares question them and resort to name calling, politicians would be more willing to give them increased funding. Another case of winning the battle but losing the war.


Barrista posted:

Maybe you should be more upset with the judge than the school or lawyers since he obviously agreed that a 14 year old can be a "slut" and probably used that info to make his decision.


Everyone acted like a loving retard in this situation: The lawyer, the school system, and judge for allowing that type of defense.

Apthous
Nov 2, 2014

by XyloJW

TOILETLORD posted:

are schools get more funding per student than most countries, funding isn't the problem, it's not having a hard curriculum, or any penalty for failing.

Maybe it is a culture problem where they see no problem with calling a 14 year old a whore when someone dares question them.

Apthous
Nov 2, 2014

by XyloJW

Leon Einstein posted:

Yeah, judges should just throw out any defense they find distasteful. Sounds like a win for our legal system.

Seriously, are you 13?

Here is how it works.

Defense: My client should be excused from murder charges because the victim is a friend of the family and niggers aren't people.
Prosecution: Objection
Judge: Sustained

Apthous
Nov 2, 2014

by XyloJW

Leon Einstein posted:

^^^
haha, you are dumb. The guy wasn't let off the hook. He is in prison.


The article refers to the civil case.

Apthous
Nov 2, 2014

by XyloJW
The difference between murder and sex is murder is simple, sex can be complicated. That is why a minor can be charged with murder and not able to consent to sex.

Apthous
Nov 2, 2014

by XyloJW

Soarer posted:

Not quite, they are arguing that the school had nothing to do with her trauma and thus should not be libel for paying her for it.

It is the way in which they are arguing that I take offense to, not the fact that they are arguing that they should not be liable.

Apthous
Nov 2, 2014

by XyloJW

1gnoirents posted:

this getting embarassing like i cant read anymore :(

I'm sorry that this thread has offended your delicate sensibilities.

Apparently you have a ban for posting a link to: http://fatisbeautiful.freeforums.net/

So yeah...

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Apthous
Nov 2, 2014

by XyloJW

WorldsStrongestNerd posted:

Jesus people. The only thing the defense needs to ascertain is whether or not the school administrators were aware of what was going on. Everything else is irrelevant.

I agree. Therefore resorting to bringing up her sexually history is unnecessary.

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