The age of consent might be 18 in criminal court, but the Los Angeles Unified School District (LAUSD) claimed that a 14-year-old student was plenty old enough to willingly agree to have sex with her 28-year-old math teacher.
Elkis Hermida, the former math teacher at Thomas Edison Middle School, was convicted of lewd acts against a child in July 2011 and sentenced to three years in state prison. However, the family filed a follow-up civil suit against the school district, claiming negligence and seeking compensation for the teen’s emotional trauma stemming from the months-long relationship. But in a surprising move, the jury ruled that she was capable of giving her consent.
The LAUSD attorney, Keith Wyatt introduced the victim’s past sexual history while arguing the student’s right to consent—essentially victim-blamed the young girl while dismissing her teacher’s responsibility as an authority figure. Wyatt cited a federal decision that says in some circumstances minors can consent to sex—revealing a huge gap between criminal and civil law in California. Including past sexual history is also barred in criminal cases due to rape shield laws, but not always in civil ones.
During a radio interview with KPCC on Wednesday (November 12), he even compared her decision to crossing the street.
“Why is it her fault that she planned on having sex with her teacher?” Wyatt said. “That she lied to her mother so she could have an opportunity to have sex with her teacher. Making a decision as to whether or not to cross the street when traffic is coming, that takes a level of maturity and that’s a much more dangerous decision than to decide, ‘Hey, I want to have sex with my teacher.’”
The jury ultimately found in favor of LAUSD—ruling that the district had no knowledge of the relationship, and therefore should not be held liable for the damaged incurred.
But amidst backlash from the community, the school district’s general counsel Dave Holmquist issued an apology to the victim and her family for the lawyer’s remarks.
“Mr. Wyatt’s comments were completely inappropriate, and they undermine the spirit of the environment we strive to offer our students every day,” Holmquist, said. “Our deepest apologies go out to the young woman and her family, who were hurt by the insensitive remarks of Mr. Wyatt.”
The district has severed ties with Wyatt, but will continue to use the firm where he practices law.
Wyatt also issued a statement from his law office on Thursday (November 13), apologizing for his comments.
“Upon reflection, I realize how insensitive the comments I made to KPCC were, and I am truly sorry to this young woman and her family,” he said. “My statements were ill thought out and poorly articulated and by no means reflect the opinions of the school district or its leadership. It is regrettable that my remarks have taken away from the respectful manner in which this case was tried.”
The family’s attorney, Frank Perez, told KPCC that they will appeal the case, and attorney Holly Boyer, who filed the appeal, told CBS that the verdict shocked her.
“The teacher is a person in an authority position who is grooming a child for several months, establishing a relationship with this child, and then abusing this child,” she said. “For the District to then argue that the child was somehow, should be responsible for her injuries is shocking.”
Do you think a teenager can fully give their consent to have sex with an authority figure like a teacher? Or was this ruling totally wrong? Let us know in the comments.
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