The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

L.A. Schools Argue Girl, 14, Legally Consented to Sex With Teacher, 28

Posted on | November 14, 2014 | 88 Comments

Love and lawyers and “education” in the 21st century:

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. . . .
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.
The girl’s family filed a civil lawsuit against L.A. Unified, claiming the district was negligent and the experience had emotionally damaged the girl, endangering any future romantic relationships she might have.
During the three week civil trial, district lawyers denied that L.A. Unified had any knowledge of the relationship, argued the girl knew what she was doing when she chose to have sex with Hermida and suggested the girl was to blame for her situation, not LAUSD.
“She lied to her mother so she could have sex with her teacher,” said Keith Wyatt, L.A. Unified’s trial attorney in the case, in an interview with KPCC. “She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?”

(Hat-tip: Yid With Lid.) Today’s lesson is brought to you by the letter “L” for “lawyer.” Remember, L rhymes with Hell, which is where evil liberal lawyers — and the selfish unionized perverts who run public schools — have been leading our society for many years.



88 Responses to “L.A. Schools Argue Girl, 14, Legally Consented to Sex With Teacher, 28”

  1. Evi L. Bloggerlady
    November 15th, 2014 @ 2:46 pm

    Haggle! Like they used to do in the slave markets.

  2. Matthew W
    November 15th, 2014 @ 2:56 pm

    As the owner of this blog why he would need a lawyer

  3. Art Deco
    November 15th, 2014 @ 3:04 pm

    The one’s I’ve known seem to have an ‘office mind’ and a ‘rest-of-your-life mind’. That other mind has an ordinary moral and ethical sense. The office mind’s imperative is the brute interest of the client. The unhappy lawyers were the ones whose office mind and other mind talked to each other.

    The thing is, allowing as how there are dispensable transactions costs which generate rents for attorneys, they are necessary for dispute settlement, dispute prevention, and dispute mitigation. I suspect the problem is not with the rank and file private attorney (unless he’s a personal injury practitioner who employs Erin Brockovich), but with various species of government lawyer (smelly prosecutors, appellate judges, family court judges, and clerks thereto) and with Big Law. Also, any firm with a ‘government relations’ practice is a rent-sucker.

    In Britain, at least the barristers are not permitted to form partnerships. We need regulations to contain Big Law.

  4. PeterP
    November 15th, 2014 @ 4:05 pm

    So much for the “rape culture.”

  5. Evi L. Bloggerlady
    November 15th, 2014 @ 4:49 pm

    He sort of has the smug look that many Obama staffers had back when he first won. Time and reality has smacked that look off some of them (but certainly not all).

  6. SineNomine
    November 15th, 2014 @ 6:57 pm

    War on women?

  7. Daniel Freeman
    November 15th, 2014 @ 7:00 pm

    My unprofessional opinion is that it is a form of selective sociopathy that is also practiced by cops and CEOs, who perform a useful social function by being utterly ruthless in the performance of their duties.

  8. Daniel Freeman
    November 15th, 2014 @ 7:08 pm

    And how did the kids get so much more sophisticated? That argument is actually really creepy, since it turns sex ed into grooming.

  9. Daniel Freeman
    November 15th, 2014 @ 7:14 pm

    Most normal people love liberty, so it is a poor strategy to conflate it with licentiousness (unless you want more of that). You’re not going to make people hate liberty that way; you’re just going to make it harder for them to condemn licentiousness.

  10. theoldsargesays
    November 15th, 2014 @ 7:21 pm

    “… something one would expect to hear from pedophile advocates, not the second-largest school district in the US.”

    Unless said school district gave up on education as it’s primary function long ago and is now just another corrupt haven for public sector union members .
    I’m guessing that even while in jail this guy could keep his union dues up to date and his fellow teachers would have no problem with his remaining a member.

  11. RKae
    November 15th, 2014 @ 7:44 pm


    “Mission accomplished” for the school system, huh?

  12. Evi L. Bloggerlady
    November 15th, 2014 @ 10:35 pm

    Because there are bad people out there and lawyers are useful in stopping them. So are guns. Different tools depending on the task.

  13. Evi L. Bloggerlady
    November 15th, 2014 @ 10:36 pm

    The jury ruled in favor of the District. It went to trial.

  14. Steve Skubinna
    November 15th, 2014 @ 10:47 pm

    I already answered that – to protect himself from another lawyer.

  15. Daniel Freeman
    November 16th, 2014 @ 4:12 am

    No, society was the victim. It hurts all of us when one of us is taken advantage of too young to know better.

  16. Adjoran
    November 16th, 2014 @ 5:15 am

    I didn’t say they might not be useful, I was commenting on their moral standards.

    Wait – are we talking about whores or lawyers now?

  17. Adjoran
    November 16th, 2014 @ 5:16 am

    You said, ‘tools.’
    I see what you did there.

  18. Adjoran
    November 16th, 2014 @ 5:19 am

    There was a crime and the teacher is in prison now. This is the civil case, her parents suing the school for the teachers’ crime.

  19. Smith
    November 16th, 2014 @ 5:54 am

    so if this girl had sex with somebody her own age then she was not taken advantage of, but since it was a older guy she was. That makes pass the logict test. This does not seem like the girls first rodeo so I would say that she was not taken advantage of any more than all the other people she had sex with.

  20. Smith
    November 16th, 2014 @ 5:56 am

    Just because the parents sue does not make it a crime. Mcdonalds did not commet a crime when the stupid lady spilled hot coffee on her lap leaving the drive in window and they got sued and she won. If there is not victum there is no crime!!!

  21. Quartermaster
    November 16th, 2014 @ 9:36 am


  22. Quartermaster
    November 16th, 2014 @ 9:42 am

    Of course, the British system is different. A Barrister goes into court and does not accept clients directly. The Solicitor is the guy whose office is open to the public and refers people to the Barrister.

  23. Quartermaster
    November 16th, 2014 @ 9:51 am

    It’s a crime because the law said it is. It has also been recognized as evil by its nature by society for years, ergo, society passed legislation making it so in the law.

    The girl was a victim. She was ignorant of what it would do to her in the long run, and we see what sexual looseness does to everyone over the long haul. A 28 yo male can bear his own consequences as he is expected to understand what he is doing to himself. A 14 yo girl, not so much. She simply hasn’t had the time, not developed the maturity required to synthesize the full picture to realize what she is doing. Therefore the law reflects that reality.

    What you are doing is the same thing we’ve had trolls come in and argue in these matters for quite some time. Using apparent maturity of certain exceptions does nothing for your case (emphasis on apparent).

  24. Smith
    November 16th, 2014 @ 10:22 am

    It’s easy to make society a victum when there is no other finger to point at. Society can be a victum in a war, but society has never been a victum because of people having sex! And no I’m not a troll just because I say that the girl was already sexly active before she started seeing the teacher. And there is no laws that says a teacher can not have sex with a student. I dont think they should because of the fact that they are a teacher, anymore than a boss should be having sex with an employee. I’m sure there are school district rules aginst it but that does not make it a crime. Congress is the only ones who can make laws, only congress. The fact that the girl was under 18(that magic number) would come into play if she had not already been sexly active. You cant say that society is a victum or that society has the right to pass there moral compass on the whole of society. I dont agree with what the teacher did or the age of the girl in question, but I dont see the crime in this case any more than I saw a crime with the femal teacher who got had a baby by her student.

  25. Quartermaster
    November 16th, 2014 @ 10:27 am

    Sorry, but society gets to judge something a crime, and sex with minors has been so judged.

    Any legislature can make law, not just Congress. City councils, County Commissions, and state legislatures all make law.

    You don’t see a crime because you are a reprobate – you have no without moral judgment and so you are an apologist for such trash.

  26. Smith
    November 16th, 2014 @ 11:30 am

    I hate to disagree with you, but you are wrong about me. I think that far more harm has been done to this girl by put this man in prison for them having sex than the act of having sex with this man every would have. I have a high moral judgment and I think that to many people are going to prison for things that or victumless crimes. The fact that I do not believe in blanket laws anything but murder, rape, thieft, or property damage do not make me a morless person or trash.
    Had I been the judge in this case I would have thrown it out of court. The reason we have such a screwed up law system is because of judgmental garbage like you who feel that they have the right to tell everyone what is right and wrong and then force them to stande up to your what you find moral. You are the reason that we need judges who not only look at the law, but at the people in front of there bench and make ruling based on facts, and not what they or other people find distastfull.

  27. Matthew W
    November 16th, 2014 @ 12:18 pm

    People through no fault of their own may need a lawyer, no one ever needs a whore.

  28. Quartermaster
    November 16th, 2014 @ 12:24 pm

    That’s nice. But I haven’t misjudged you. What you propose is simple anarchy and that’s simply not sustainable.

  29. Smith
    November 16th, 2014 @ 2:39 pm

    Not anarchy, Judges should go by the sprite of the law, not by the letter of the law. Laws are written to protect the inocent. In the case that were talking about the girl was not inocent and did not need the protection of the law. Every case is differant and the judge or jury should look at the law and the sprite in which it was writen, and then look at the case in front of them to see if the law really applies in that case. Alot of times it will,but then agine alot of times it will not because of the things surrounding the case.
    Blanet law like the under age law. The letter of the law says that anyone under the age of 18 do not know what there doing or what may happin when they do it. This is just not true! The judge and jury must look at the sprite of the law and see if it really applies to the case there looking at.
    In the case of the teacher, yes he broke a code of conduct and a blanket law, but if what the store says is true, the girl was a sexly active girl and this teacher was not the first person she had sex with. The girl wellingly meet this man at differant places and times, This tells me she in fact liked what was happing and there for did not need the protection of the courts.
    What should have happined is that the school should have quietly fired the teacher and fixed it so that he could not ever be a teacher agine. The parents should have put a no-contact paper on him so that he could not contact this girl agine untill she was 18. The girl is not blamless in this case and should have been moved to another school. This would have saved her from the embarisment of this case and allowed her to contenue on with her life without haveing to deal with all the comments from the other students that found out about her sex life.

  30. Art Deco
    November 16th, 2014 @ 3:21 pm

    There are bad apples in police forces. I’ve no reason to believe police officers are ruthless as a matter of course.

    I think you’ve derived your conception of the business world from mass entertainment, which portrays businessmen as very corrupt because, in the entertainment world, they are.

  31. JeffS
    November 16th, 2014 @ 4:44 pm

    Tell any number of politicians that they don’t need whores.

    Hell, tell the Secret Service that. And then run, ‘cuz they carry firearms.

  32. Daniel Freeman
    November 16th, 2014 @ 4:46 pm

    The size of the market for whores would argue that there is a very large need, but I know what you meant, and am now enjoying inventing scenarios in which one might need to hire a whore in self-defense.

  33. Quartermaster
    November 16th, 2014 @ 5:39 pm

    Sorry, but going by the spirit of the law leads to anarchy. The law either means what it says, or it is meaningless. The most important aspect of the law is its predictability. What you are proposing is not workable.

  34. Bob Belvedere
    November 16th, 2014 @ 9:48 pm

    I’m sure they look ‘long and hard’ at a lot of things, Evi, IYKWIMAITYD.

  35. Bob Belvedere
    November 16th, 2014 @ 9:55 pm


  36. Adjoran
    November 17th, 2014 @ 3:42 am

    But it was a crime. And there was a victim, despite the efforts of pedophile scum to pretend otherwise.

    Buggered any kids lately, asshole?

  37. Smith
    November 17th, 2014 @ 9:10 am

    you have not read any of the post I have made on this subject, you should read all of them before you say anything. Low brow commints like yours only show that you read one or two lines and make a comment based on only a small part of whole comment section. Your the asshole for making comments about anything that you have not read.

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