Los Angeles school district fires lawyer who successfully defends them by blaming 14-year old for sexual relationship with teacher

Imprisoned: The Los Angeles Unified School District claims that a 14-year-old girl who had a six-month sexual relationship with teacher Elkis Hermida (pictured), 28, was mature enough to consent to the romance. Attorney W. Keith Wyatt (right) was fired because of remarks he made during the case.

A California school district has fired an attorney who successfully defended it during a case claiming a 14-year-old girl was mature enough to consent to a romance with her 28-year-old teacher.

In civil court proceedings, the Los Angeles Unified School District argued that the unnamed student should bear some responsibility for her relationship with Elkis Hermida. The district's general counsel said Friday it is removing attorney W. Keith Wyatt from future legal matters because of inappropriate remarks he made about the case.

Lawyers and advocates for sexual abuse victims criticized Wyatt's strategy of blaming the schoolgirl for agreeing to the sexual relationship.

In July 2011, Hermida, who taught at Thomas Edison Middle School, was sentenced to three years in state prison after being convicted of lewd acts against a child. He has since been freed. However the school was cleared of any wrongdoing.

Speaking of the victim's 'responsibility' for the relationship, Keith Wyatt, LAUSD's attorney, told the public radio station KPCC: '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?'

Recently, the girl filed a civil lawsuit against the school district, claiming the system was negligent and she had been emotionally traumatized by Hermida's actions. In its defense, LAUSD argued it had been unaware of the relationship between the student and her teacher, but cited a federal court decision saying a minor could consent to sex in some situations.

During the trial, Mr Wyatt also introduced the girl's sexual history and argued that she bore some of the responsibility for the half-year-long relationship, according to CBS Local.

At the end of the case, the judge ruled in favor of the district: LAUSD was cleared of wrongdoing by a civil jury, while the girl was not awarded any damages for the trauma she allegedly suffered.

Although the girl's lawyer is now appealing the case, the verdict has raised concerns about a conflict between California criminal and civil law when it comes to sexual consent.

'It doesn't make sense,' said Jennifer Drobac, an Indiana University law professor who has studied consent laws nationwide, including California's age of consent (18) in criminal cases.

'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 is that possible? It's not logical.'

She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn't she be responsible for that? Keith Wyatt, LAUSD's attorney

Meanwhile, lawyers and advocates for sexual abuse victims have described LAUSD's legal tactics as appalling.

'The belief that middle school children can consent to sexual activity is something one would expect to hear from pedophile advocates, not the second-largest school district in the U.S.,' attorney John Manly told the .

The girl's attorney, Fran Perez, also said he was shocked by the judge's verdict.

'I have never seen a verdict form where the child has been listed as partially responsible for his or her own molestation,' said Mr Perez.

In defending his tactics, Mr Wyatt further came under fire for saying that it takes maturity to decide to cross the street and that is more dangerous than deciding to have sex with a teacher.

Since speaking to KPCC, Mr Wyatt has apologized for his 'insensitive' comments.

'My statements were ill thought out and poorly articulated and by no means reflect the opinions of the school district or its leadership,' the attorney said in a written apology on Thursday.

The district said it would continue using Mr Wyatt's firm.

See video coverage here courtesy of CBS.