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 A number of legal scholars and attorneys specializing in sex abuse
cases said the argument that the girl bore some responsibility for
the affair was at odds with the minimum age of consent - 18 -
established in criminal law.
The legal principle that children are incapable of giving true
consent to sex with adults is rooted in the widely accepted premise
that they lack the requisite emotional and intellectual maturity.
For the nation's second-largest school district to argue otherwise
was troubling, said John Manly, an attorney in an unrelated sex
abuse lawsuit against L.A. Unified.
"That is a disgusting and shocking position for any school district
to take," Manly said. "I would expect a pedophile to take that
position."
 Experts also criticized the admission of testimony about the girl's
prior sexual history, evidence that is generally excluded in civil
and criminal sex-abuse cases under California's rape shield laws.
Defending its tactics, the district said in a statement: "Trying
this case in a respectful manner, but one that allowed the jury to
consider the full weight of the facts and evidence, was critical."
Former teacher Elkis Hermida, a Thomas Edison Middle School math
instructor who was 28 at the time he was having sex with his
student, was ultimately convicted of lewd acts against a child and
sentenced in 2011 to three years in prison.
The girl's family then sued the district for negligence, seeking
damages for emotional trauma from a six-month sexual involvement
that began in December 2010.
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Jurors ruled for the district, finding school staff were unaware of
the situation until it was discovered and reported by another
teacher, after which Hermida was dismissed.
Holly Boyer, a lawyer for the girl, said the issues of consent and
sexual history would both be raised on appeal.
The district's trial lawyer in the case, Keith Wyatt, stoked
controversy in remarks to local radio station KPCC, insisting the
girl bore responsibility for lying to her mother and going to a
motel to have sex with her teacher.
L.A. Unified on Friday called Wyatt's comments "completely
inappropriate" and removed him as a lawyer for the district.
(Reporting by Steve Gorman; Editing by Cynthia Johnston and Sandra
Maler)
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