statutory rape

Two Embarrassed Legislators, Sex, And The Resignation Line

/ Jack Marshall / 32 Comments

Question: When does a sexually-charged incident obligate an elected legislator to resign?

Answer: When one or more of the following is true:

  • When the legislator has been found guilty of a sex-related offense in a court of law ( or guilty of any crime, since law-makers must no be law-breakers.)
  • When the incident indicates a bigoted and disrespectful attitude toward women.
  • When the incident makes the legislator’s necessary status as a role model to children and others impossible to sustain,
  • When the incident embarrasses the legislative body and calls its competence, integrity and trustworthiness into disrepute.
  • When the incident calls into question the legislator’s judgment and trustworthiness.

With these standards in mind, let us examine the recent plights of two legislators, one Republican, and one Democrat. First, the Republican:

Rep. Blake Farenthold (R-Tex.)

Blake

Continue reading →

Unethical Quote Of The Month (Lawyer Representing A Hypocritical And Unethical Client Division): Keith Wyatt

/ Jack Marshall / 12 Comments

“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?”

—-Lawyer Keith Wyatt, L.A. Unified School District’s trial attorney who successfully defended it in a law suit by the family of a middle school girl who had been engaged in a six month sexual relationship with her math teacher. The girl’s family claimed the district negligently permitted the teacher’s criminal conduct to occur and that the teacher’s exploitation of the girl had caused emotional damage to their daughter. Wyatt also told a radio interviewer that it was a more dangerous for a 14-year-old to cross a street in traffic than to have sex with her middle-school teacher.

Yes, he’s an idiot.

Yeah, those middle school tarts all want it, right, Keith?

Yeah, those middle school tarts all want it, right, Keith?

The school district fired him, disavowing and apologizing for his comments. Yet they were willing to let Wyatt argue in court—on the school’s behalf, remember— 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 shared responsibility for what happened. Wyatt introduced the girl’s sexual history into evidence as proof of his client’s lack of culpability.

There is nothing wrong or unethical about Wyatt’s tactics in the trial itself. State law is weird in this area—this is California, after all, home of Hollywood, Roman Polanski fans, Woody Allen enablers, Miley Cyrus and the Kardashians—for while the age of consent is 18 in criminal cases, two appellate court rulings have held that the argument that a minor can consent to sex with an adult is permissible in civil law suits. He did what the law permitted him to do in defense of his client. That’s not just ethical lawyering, it is at the core of legal ethics. The argument won. Wyatt did what he was trained to do, paid to do, and obligated to do if he agreed to take the case

However, it is a revolting and irresponsible argument for any school or school district to make. Wyatt should have made this clear, and maybe he did (though that quote doesn’t support such a supposition.) Who in their right mind–well, OK, this is L.A.–would send their child to a school system that takes the position that a 14-year-old student is responsible when she is raped by her 28-year-old teacher, and that she’s really not being harmed if he does? The teacher, Elkis Hermida, was convicted of lewd acts against a child and sentenced in July 2011 to three years in state prison.  Continue reading →

KABOOM! A Teacher Sexually Molests A Middle School Student In Class (And The Daily Caller Thinks It’s Funny)

/ Jack Marshall / 6 Comments
Well, there goes THAT suit...

Well, there goes THAT suit…

The latest KABOOM occurred when I read this report about Felicia Smith, a Houston 40-something middle school sexual predator masquerading as a teacher, who gave a a male student a lap dance in class, in front of his classmates, for his birthday.

I’m not going to reprint the details here; there are not levels of inappropriate lap dances for pre-teens. The teacher is under arrest; that’s not enough. A school that vets its teachers this negligently is a menace; a profession that allows a practitioner with such wretched judgement and such vile proclivities in its ranks is innately untrustworthy and an ugly sham. And a society that entrusts its vulnerable young to a system so corrupt and inept that this could occur is irresponsible.

One young  maniac attacks a school in New Town, and a national movement of fear is launched to remove a Constitutional right. Teachers sexually assault students nearly every day. What are schools doing about it? What are teacher unions and the education profession doing to protect potential victims? Where is the oversight? Does anyone believe that until she turned into a middle school stripper, Smith never demonstrated any suspicious tendencies? She just awoke one morning and decided that this was the day to give a child a lap dance? I don’t. Continue reading →

Just So We’re Clear: Some School Sexual Predators Are More Unethical Than Others

/ Jack Marshall / 7 Comments

lunchladyJanelle Foley, 32,  who works in the cafeteria of Chapman Middle School in Weymouth, Mass., was charged with four counts of statutory rape for having sexual relations with a 15 year old student at the school during the Thanksgiving and New Year holidays.

This is statutory rape, and wrong, but approximately half as wrong as when the sexual predator’s target  is her (or his)  student rather than someone she glops mashed potatoes for in the lunch line. True, every employee in a school has to be worthy of some level of trust, but a teacher is blatantly misusing her authority and blurring roles to the detriment of education as well as social development when she exploits the position of teacher/role model/ authority figure/mentor for the purposes of sexual gratification. A lunch lady is just picking up horny teens. One is a professional breach and a sleazy crime. The other is a sleazy crime, and nothing more.

On the other hand, the role betrayal involved when a friend’s mother seduces her son’s underage friend is every bit as reprehensible as the acts of a predator teacher. I tend to think the Sexual Predator Lunch Lady is not a serious threat in our schools.

And where does “The Summer of ’42” land along this spectrum?

I ‘m not certain, but closer to the lunch lady than to the teacher, I think.

_______________________________

Pointer: Fark

Facts: Boston.com

Ethics Hero: Judge Chet Tharpe

/ Jack Marshall / 34 Comments
Same crime, same county: Guess which sexual predator-teacher got the tougher sentence.

Same crime, same county: Guess which sexual predator-teacher got the tougher sentence.

Florida Circuit Judge Chet Tharpe sentenced former Hillsborough County teacher Ethel Anderson to a stunning 38 years in prison this week for performing oral sex and other sex acts on a 12-year-old boy she tutored on weekends. “There are those that believe that nothing’s wrong if the defendant is a woman and the victim is a male,” Tharpe said as he sent the sexual predator to prison. “This court does not recognize gender. If it’s proven, as an adult, that you had sex with a child, you can expect to go to prison.”

This was an ringing and much needed message to send to a county, indeed to a country, that have often seemed confused about how to handle women who rape their underage students using the authority and trust they have as teachers. Especially in Hillsborough County, though, for it was here that ex-teacher Debra Lafave pleaded  guilty in 2005 to having sex with a 14-year-old boy,and was merely sentenced to house arrest by Judge Thorpe’s colleague Judge Wayne Timmerman. Why? Interesting question. LaFave’s lawyer famously argued that his movie star gorgeous client was too attractive to go to jail (recall the recent post here about defense attorneys appealing to bias), and it worked. Continue reading →

Ethics Quiz: Peter’s Problem

/ Jack Marshall / 49 Comments
40 years from now, would you book Kaitlyn Hunt for your Congressional campaign fundraiser? Should you...if she's become a famous and beloved singer?

40 years from now, would you book Kaitlyn Hunt for your Congressional campaign fundraiser? Should you…if she’s become a famous and beloved singer?

Shelly Stow, an occasional commenter here who blogs provocatively at With Justice For All about the harassment and persecution of former sex offenders, raised the topic of today’s Ethics Quiz. She  posted about the plight of Peter Yarrow, the Peter in Peter, Paul and Mary, now, thanks to cruel mortality, just Peter and Paul. I was not aware of this, but in 1970, when he was 30 and a rather significant star, he had sexual relations with a 14-year-old girl. Shelly is wrong to call this “consensual,” for 14 is statutory rape territory. The law declares that a 14-year girl is a child and not capable of meaningful consent, and fans of  Roman Polanski, Woody Allen and Kaitlyn Hunt notwithstanding, it is quite right. He pled guilty to something less than rape, and served a three-month sentence; he is also, as a result, a registered sex offender. President Jimmy Carter pardoned him in 1981.

Yarrow, as Sixties folk singers tend to be, is a social activist, and is politically active as well. Not for the first time, his child molesting past became an issue recently when he  agreed to sing at a campaign event for Martha Robertson, a Democrat running for Congress in New York against incumbent Republican Tom Reed. A spokesman for the RNC told the media,

“It is absolutely deplorable that Martha Robertson would kick off her congressional campaign by having a convicted sex offender headline her fundraiser. If Robertson’s judgment is so bad that she would even entertain the idea of raising money with a man who molested a 14-year-old girl, she has no business representing the people of the 23rd District of New York in Congress.”

He also said Robertson should cancel the fundraiser and return any money she raised with Yarrow’s support.

Shelly writes,

“What is wrong with this scenario? Our criminal justice system is comprised of one part punishment and one part rehabilitation. The purpose of the punishment is to bring about rehabilitation. Sometimes it works like it is supposed to. Mr. Yarrow committed a crime in 1969. That is over 40 years ago. He served his court ordered punishment, and in light of the fact that there has been no re-offense in over 40 years, I think we are safe in declaring him rehabilitated. Everything worked just like it is supposed to. What then is the problem? Is rehabilitation not good enough for some? Is there some other standard of measure needed?”

This launches the Ethics Alarms Ethics Quiz for this weekend, which I will phrase this way:

Is it unfair for Peter Yarrow to still face criticism, suspicion and condemnation based on his crime of 40 years ago, for which he has been both punished and pardoned?

For this one, I am not at all certain of the answer, and will be very interested in your responses, not that I am not always.

Here are some of the considerations that have me, to paraphrase the title of one of the hit pop songs Mr. Yarrow helped to write, “Torn Between Two Answers.” Continue reading →

Ethics Quiz: Reddit Ethics And The Non-Privileged Confession

/ Jack Marshall / 37 Comments

confessions

Reddit’s OffMyChest forum is promoted as a safe social media site to post confessions and to seek support or advice for very difficult, personal, potentially embarrassing problems. Of course, there is no such thing on the web, and such posts are only as confidential as the forum’s participants are trustworthy.

An 18-year-old poster calling himself Pilot94 unburdened himself about a statutory rape (or two) that he escaped punishment for thanks to some good luck. But the episode obviously still troubled him. He began…

“I’ve never been good at this sort of thing. Never in my life have I fully told the truth to anyone, except my best friend…But there are things I need to say that I’ve never been able to say before. I am purposefully not using a throw away account, I highly doubt anyone I know will find this but if they do, I’m glad you now know… “

He went on to describe his life to date, and how it had begun to spin out of control:

“I basically turned into a drug dealer with my best friend. He took the pills and I sold them. We started to get into trouble with the police. Patrick and I vandalized numerous parks and places around our town. We got caught for that had probation and fines, etc. That didn’t stop the Dynamic Dumbasses though. We picked up charges for shoplifting, under age consumption, speeding, drunk driving, etc. But nobody knew. We were such good liars that we were able to keep it all to ourselves. …We ran from cops all the time and partied, got drunk, got high, and raised hell. I kept dealing drugs and we kept taking them. Somehow we avoided getting charged for that, though we were close multiple times.”

Then came the incident that prompted the post:

“I knew some girls from school (I thought they were 15-16, they ended being 13-14) that I met at a party. One night they called us up and said they were drunk and wanted to have fun. We couldn’t say no. We drove out and picked all 3 of them up. We parked by the neighborhood pool, got in the back of the truck, and started going at it. Everyone had their clothes off, the girls were making out with each other and having sex…After about an hour, we headed back to their house. We were out front when a cop pulled up. Then shit hit the fan. The girls accused us of raping them, getting them drunk and supplying drugs. They revealed their true age to the police…One of the girls was so drunk she had to have her stomach pumped and spend the night in the hospital. [My friend} and I went home with our parents as the police impounded my truck and started a full criminal investigation into what had happened. Apparently all 3 were virgins prior to the night, and only did this because they were drunk. The one with alcohol poisoning also had vaginal tearing, and they performed a rape kit on her. The evidence against us was incredible. I don’t know why we weren’t arrested on the spot…But for some reason, both the lead detective on the case and the chief of police were fired shortly after. We were told we would hear from the new officer in charge of our case, but we never did. I don’t know how or why, but it just disappeared.”

The near disaster prompted a life turnaround, he wrote, that at least so far was a success:

“Needless to say this scared us beyond straight. Going from expecting 10+ years in prison to miraculously being free was incredible. Somehow I straightened my life up and actually graduated with honors from a Top 500 school….I received a full ride Army ROTC scholarship to a prestigious military school to study Russian and International Affairs and eventually receive a commission as an officer. [My friend and I]  both have no idea how or why we were given another chance, but we definitely aren’t going to fuck it up. I know there are stories on here about suicide and other heavy subjects, but this is the most honest I’ve ever been in my life, and it feels amazing. Sorry for making it so long!”

So trusting was the author that he later posted a photo of a scholarship he received from Army Reserve Officer Training Corps to Reddit’s military forum. It included his name, and some Reddit users connected the scholarship, the school, the name and the earlier confession.

And alerted the school.

Now he may be kicked out, and perhaps prosecuted. When he asked on the forum why anyone would do this to him, one Reddit member, perhaps the same one who revealed his secret, wrote…

“You ruined a couple of girls’ childhoods. You make it sound like your a good person now and that you have turned over a new leaf but you never once indicated that you felt any remorse for these people you destroyed. I think you far exaggerate to us and yourself how good of a person you are, and how deserving you are of forgiveness.”

Another wrote:

“He considers drugging and raping 3 14 year olds in the back of his pick up “minor”, he has no remorse for the lives he’s hurt, only that he was caught. He is deserving of no forgiveness until he can show that he actually feels remorse.”

Your Ethics Alarms Ethics Quiz Question is this...

Was reporting him to his school based on his post ethical, or unethical? Continue reading →

Ethics Dunce: Daily Caller Education Editor Eric Owens

/ Jack Marshall / 15 Comments

Yechhh.

Debra LaFave, poster girl for the "Being Raped By Your Teacher Is OK If She's Hot" contingent

Debra LaFave, poster girl for the “Being Raped By Your Teacher Is OK If She’s Hot” contingent

I’ve flagged this kind of post before, and I’ll continue to do so until sophomoric bloggers and commentators stop snickering and winking about child sexual abuse and outrageous breach of trust.

Why it is hard to grasp the concept that a school teacher seducing and having sex with an underage student is a despicable and harmful crime, and not some sort of male fantasy come true, I cannot conceive. Our education system consistently fails at conveying values and knowledge, but the fact that public schools are too often hunting grounds for sexual predators seeking to use their positions and power to turn kids into living, breathing sex toys is, you know, kind of cute and titillating to people like Eric Owens, laughably called the “Education Editor” at the Daily Caller. Continue reading →

Rick Curl, The University Of Maryland, Penn State, and Moral Luck

/ Jack Marshall / 19 Comments

The Rick Curl case is the ethics alarm that won’t stop ringing.

Could Joe be the rule rather than the exception?

Could Joe be the rule rather than the exception?

I’ve written about it twice, both times focusing on the devil’s deal made by the victim and her family, who allowed Curl, a renowned D.D. area swimming coach, to get away with sexually molesting a 13-year female swimmer under his supervision and escape either official detection or legal punishment for decades, as the victim’s family decided to accept $150,000 in hush money/ extortion/ settlement from the rapist-coach instead. Curl went on his happy coaching, and maybe child-molesting way—we don’t know if there were other victims or other pay-offs—even to the Olympics, until the girl he molested, Kelley Currin, had a belated attack of conscience at 40 and finally told authorities about what a trusted coach in close contact with girls on a daily basis had done to her, leading to Curl’s arrest last year.

Rick Curl was sentenced to seven years in prison for child sexual abuse at a hearing this week. At that hearing, we learned for the first time that the University of Maryland had been informed about the abuse more than 25 years ago, and probably knew about it before that. Continue reading →

Comment of the Day: “The Kaitlyn Hunt Affair: Upon Further Review…”

/ Jack Marshall / 46 Comments
And if Kaitlyn Hunt looked like this, would we be having this discussion?

And if Kaitlyn Hunt looked like this, would we be having this discussion?

John Garrison’s incisive Comment of the Day decisively adds Kaitlyn Hunt’s parents to the Kaitlyn Hunt Ethics Train Wreck, which has already enlisted them, the vigilante group Anonymous (itself a self-perpetuating ethics train wreck), the lazy news media, which apparently misreported the essential facts of the case, and the social media as passengers since my first post on the debacle.

Here are his comments on the follow-up post, The Kaitlyn Hunt Affair: Upon Further Review:

“There are a number of things that concern me about this case. First, I do agree that the law is very harsh in Florida. But we never seem to get the actual story from Kaitlyn’s parents. At first, they said that they were 17 when they started dating, and that the parents vindictively waited until Kaitlyn turned 18. That story seems to have changed around the time the police report was released stating that actual ages of the girls. At that time, the family claimed that the police not redacting the address was retaliation against them going to the media, even though it is not remotely unusual for the police not to redact the address of the accused.

http://www.examiner.com/article/kaitlyn-hunt-arrest-record-released-free-kate-family-disgusted-with-sheriff Continue reading →