After firestorm over claim in sex-abuse trial that 14-year-old consented, lawmakers ban the defense
Last year, a teacher’s claim that a 14-year-old middle-school student consented to an alleged sexual assault helped win a defense verdict in a civil trial and ignited a public firestorm.
Now California state lawmakers have made it illegal for adults to use such a defense against minors in civil cases. Their bill was signed into law Thursday by Gov. Jerry Brown, the Los Angeles Times (sub. req) reports.
Criminal law already prohibits such a defense, and the teacher—who along with the Los Angeles Unified School District avoided liability in the civil case—was criminally convicted of lewd acts against a child. He was sentenced in 2011 to a three-year prison term, the Associated Press reports.
Related coverage:
ABAJournal.com: “School district wins civil case after arguing that girl, 14, could consent to sex with teacher”
ABAJournal.com: “Lawyer taken off 14 cases after furor over trial claim that teen consented to sex with teacher”
