Sexually abusive teacher may not be off the hook

Just when it appeared that the criminal justice system in Tampa Fla., had lost touch with reality and was more interested in protecting a criminal instead of society, along comes Circuit Judge Hale Stancil with some much-needed judicial wisdom.
Stancil ruled last week that the plea agreement which enabled Florida school teacher Debra LaFave to avoid time behind bars is not worth the paper it's written on. LaFave, 25, pleaded guilty to two counts of lewd and lascivious battery of a 14-year-old student, whom she lured into a sexual relationship. LaFave even involved the boy's 15-year-old cousin.
"The court is not going to at this time accept the plea that has been presented," Stancil announced Thursday during a brief hearing in court. "Unless things change, the court will be inclined to impose the guideline sentence, so I'll set the case for trial on April 10." A pretrial is scheduled for Jan. 5.
But while the judge was letting it be known that it would be a travesty of justice to let LaFave walk away with a slap on the wrist after she preyed on her young student, a spokesman for the State Attorney's Office suggested that prosecutors and the teacher's lawyer are not giving up on a deal. Ric Ridgeway said the lawyers would appear before the judge with a new agreement.
Ill-conceived agreement
We hope Stancil is not inclined to go along with another ill-conceived plea. He should insist that any deal include prison time for LaFave, who, according to police reports based on interviews with her victim and his cousin, was the initiator of the affair. The reports also make clear that this was a premeditated act on her part -- as evidenced by her warning the student against telling anyone about the affair and also playing on his emotions by talking about how her marriage was in trouble.
Indeed, the victim told investigators that LaFave told him she was aroused by the fact that having sex with him was not allowed. He said that they got to know each other on their way to and from a class trip to Seaworld Orlando in May 2004.
The 14-year-old also told investigators that they had sex in a classroom at the school, located in Tampa Terrance, in her Riverview town house and once in a vehicle while his cousin drove them around Marion County.
Does that sound like someone who is insane? Yet, that's what her lawyer intended to plead had the case gone to trial. Coupled with the fact that the victim's mother did not want her son to be exposed to the trauma of a trial, prosecutors decided to agree to the plea that involves three years' house arrest and seven years' probation. Her teaching certificate has been permanently withdrawn, she must register as a sexual predator and may not have any contact with children including the victim.
And, much to our satisfaction, Hillsborough Circuit Judge Wayne Timmerman, who approved the plea, said that LaFave will not be allowed to profit from the sale of her story or personal appearances.
The reason Judge Stancil is involved in the case has to do with the fact that the charges brought against the woman stemmed from crimes that took place in two counties.
Stancil wants to hear from experts regarding the impact a trial would have on the 14-year-old and 15-year-old boys. That's reasonable, but even if there isn't a trial, we hope he understands that without time behind bars, LaFave is being let off the hook. That would not be just.