Do the terms ‘lowlife’ and ‘despicable’ mean anything to you, because those are the terms that came to mind when I read about this case.
In July 2011, Elkis Hermida, a teacher at Thomas Edison Middle School in Los Angeles molested and had sex with a 14 year old female student. He was later arrested, tried, convicted and sentenced to three years in prison.
Following the trial, the girl’s family filed a civil suit against the Los Angeles Unified School District, claiming that they were partly at fault for what their daughter went through. The parents say that the six months of sex and molestation has caused emotional damage to the girl.
This is where ‘lowlife’ and ‘despicable’ come into the story. Keith Wyatt, the attorney for the school district says that the girl consented to the sex and was just a money-grubbing hussy. He spoke to the media about the case, saying:
“She lied to her mother so she could have sex with her teacher. She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?”
In most states, the attorney would be laughed at or thrown out of court for his callous disregard of the girl, but not in California. That’s because the land of fruits, flakes, nuts and flaming liberals has a civil law that permits the argument to be used in court that a minor can consent to sex in specific circumstances. Legal expert Jennifer Drobac described the law as being ’terribly flawed’ and that Wyatt’s assertions were shocking in this case.
Drobac told the media:
“The same parties, same behavior, same everything, consent is no defense in a criminal trial, but the same set of facts in a civil prosecution, consent is a complete defense. How it that possible? It’s not logical.”
Due to the absurd California civil law, Wyatt was able to persuade LA County Superior Court Judge Lawrence Cho to place the 14 year old girl’s name on the verdict form given to the jury. In doing so, that allowed the jury to be able to find the girl at fault for what happened to her at the hands of her teacher.
Marci Hamilton, a legal expert from New York described Wyatt’s defense as using ‘scorched earth tactics’ and ‘outrageous.’ She went on to say that Judge Cho exceeded the limits of common sense by allowing the girl’s name to be placed on the verdict form.
Frank Perez, the attorney for the girl’s family commented about the defense, saying:
“I have never seen a verdict form where the child has been listed as partially responsible for his or her own molestation.”
Being allowed to shift blame on the girl, in his closing remarks to the jury, Wyatt argued:
“She wants to be paid for doing something that she knew was wrong, that she acknowledged was wrong, that she knew was from the beginning. She doesn’t want therapy, she wants money. That’s what they are asking for.”
Believe it or not, the jury bought into the defense and ruled in favor of the school district. They gave the reason that they believe the district had no knowledge of what Hermida was doing and so could have done nothing to prevent it. The girl’s family is planning on appealing the decision.
What I want to know is why wasn’t Hermida convicted of statutory rape instead of just lewd acts with a child? In most states, the charges would have been statutory rape and the prison sentence would have been a lot longer than just three years. In some parts of the US, a young girl’s family may have carried out their own justice by making sure that Hermida was never able to sexually violate anyone ever again, if you know what I mean.
What has happened to our legal system? Why has it become so perverted as to shift blame to the victims rather than to the criminal? No wonder so many women are afraid to report being molested and raped. They don’t want some scumbag attorney trying to make them out to be a slut or prostituted in court because they gave into a rapist for fear of their life.
I know we are supposed to have one of the best and fairest judicial systems in the world, but there are times like this that make me wonder if that’s really the case anymore.