"Predator" teacher gets 22 years for sex with students

[Syt]

http://www.cbsnews.com/news/predator-teacher-gets-22-years-for-sex-with-students/

"Predator" teacher gets 22 years for sex with students

LAKELAND, Fla. - A former Lakeland teacher who admitted to having sex with several of her students will spend the next 22 years behind bars, reports CBS affiliate WTSP.

On Thursday, a judge called Jennifer Fichter, 30, a predator, as he pronounced her sentence. Fichter was reportedly first accused of having inappropriate conduct with an eighth grader in 2008. She resigned from that school district later that year and in August 2011 was hired by another district. She is accused of having sex with a 17-year-old student just one month after starting her new job.

"All I can say is I'm so sorry," the former English teacher told family members and the court.

When she was first arrested, Fichter would reportedly grin during her hearings, but the former teacher at Lakeland's Central Florida Aerospace Academy wept in court on Thursday, apologized and asked for mercy.

"I wish I could take it back, and my words are not going to suffice I know that," said Fichter.

In a recorded phone call played in court, Fichter admitted to aborting a pregnancy with one of her young victims. She also confessed to having multiple sexual encounters with at least two other boys.

"You were pregnant and had an abortion, is that true?" one of the victim's mothers asked her in a recording.

"Yes, that's true," replied Fichter.

The judge heard from a psychologist who said Fichter had made bad choices and her father asked the court to get his daughter help.

But victims and their family members say the 30-year-old former teacher had shattered their lives by preying on her teenage students, whom she met at parties, off-campus locations, and even her own apartment for sex.

"It hurts," said one mother addressing the court, "I saw myself losing my son before my very eyes and there was nothing I could do to reach him."

Prosecutors say Fichter lied to the victims' parents and had the students lie on her behalf, knowing she would be in trouble if she was ever caught.

Fichter faced up to 15 years on each of 37 counts of sexual contact with a minor.

The prosecutor said that just because Fichter is female, and her male students were willing participants, does not make them any less victimized.

"If a man came in here today, your honor, and told you that he continually had sex with his teenage female students over a period of years, because it made him feel good about himself, he would be buried under the jail," said the prosecutor.

The judge sentenced Fichter to 22 years, which was three years less than a plea deal she had rejected in April.

Fichter still faces charges in Hillsborough County, for having sex with some of the same students in that jurisdiction.

[The Brain]

What the hell are you?

[Valmy]

We take our sex crimes very seriously insanely.

I am all for arresting these teachers and getting them removed from their jobs but man this woman might as well just shoot herself now with that kind of sentence. And she gets to be a sex criminal forever with all that goes with it. Granted she may be an extreme case of student screwing teachers, that is a pretty sick pattern of abuse of many kids over a long period of time.

[Syt]

And she gets to be a sex criminal forever with all that goes with it.

That never is a problem.

http://www.nytimes.com/2015/07/05/us/teenagers-jailing-brings-a-call-to-fix-sex-offender-registries.html

Teenager's Jailing Brings a Call to Fix Sex Offender Registries

ELKHART, Ind. — Until one day in December, Zachery Anderson was a typical 19-year-old in a small Midwestern city.

He studied computer science at the local community college. He lived with his parents and two younger brothers in a sun-filled home on the St. Joseph River, where framed family photos hang from the walls and a pontoon boat is docked outside.

And he dated in the way that so many American teenagers do today: digitally and semi-anonymously, through apps where prospects emerge with the swipe of a finger and meetings are arranged after the exchanges of photos and texts.

In December, Mr. Anderson met a girl through Hot or Not, a dating app, and after some online flirting, he drove to pick her up at her house in Michigan, just miles over the state line. They had sex in a playground in Niles, the police report said.

That sexual encounter has landed Mr. Anderson in a Michigan jail, and he now faces a lifetime entanglement in the legal system. The girl, who by her own account told Mr. Anderson that she was 17 — a year over the age of consent in Michigan — was actually 14.

The case came to the attention of the police after the girl's mother contacted them, concerned about her whereabouts. They were at her home when the girl returned, according to The South Bend Tribune. A few weeks later, the paper said, the police visited Mr. Anderson, who cooperated and, in February, turned himself in. He was arrested and charged and, after pleading guilty to fourth-degree criminal sexual conduct, was sentenced to 90 days in jail and probation.

As an Indiana resident, Mr. Anderson will most likely be listed on a sex offender registry for life, a sanction that requires him to be in regular contact with the authorities, to allow searches of his home every 90 days and to live far from schools, parks and other public places. His probation will also require him to stay off the Internet, though he needs it to study computer science.

Some advocates and legal authorities are holding up Mr. Anderson's case as the latest example of the overreach of sex offender registries, which gained favor in the 1990s as a tool for monitoring pedophiles and other people who committed sexual crimes. In the decades since, the registries have grown in number and scope; the nearly 800,000 people on registries in the United States go beyond adults who have sexually assaulted other adults or minors. Also listed are people found guilty of lesser offenses that run the gamut from urinating publicly to swapping lewd texts.

As Mr. Anderson's defenders see it, his story is a parable of the digital age: the collision of the temporary relationships that young people develop on the Internet and the increasing criminalization of sexual activity through the expansion of online sex offender registries.

"The whole registry is a horrible mistake," said William Buhl, a former judge in Michigan who has publicly argued that laws governing registries ought to be relaxed. "I think it's utterly ridiculous to take teenage sex and make it a felony. This guy is obviously not a pedophile."

But once Mr. Anderson leaves jail in the coming week, he will be bound by the same restrictions that apply to more extreme sex offenders, tagged with a "scarlet letter" for life, as his father, Lester Anderson, put it.

"At the end of the day, he might be out of jail, but he'll still be in his own jail," his father said. "He has to walk down the street every day and think: 'Am I too close to a school? Is there a child who's close to me?' "

There are fledgling efforts in some states to change sex offender registries so that they do not include juveniles or those guilty of minor offenses. In California, the corrections department announced in March that the state would ease residency requirements for many sex offenders, allowing certain low-risk individuals to live in areas closer to schools and parks that were previously off limits. Many sex offenders have ended up broke and homeless, living in clusters under freeways because they are routinely rejected by employers and landlords, and because they are banned from living in so many neighborhoods that contain public places like parks.

Brenda V. Jones, the executive director of Reform Sex Offender Laws, an advocacy group, said cases like Mr. Anderson's are common in many states. Frequently, a judge will give the lightest possible sentence, but cannot change the restrictions involving the offender registry.

"It's like a conviction on steroids," Ms. Jones said. "Being on a registry becomes a liability for employers, no matter how minor the offense was. Other people will say: 'I saw your employee on the Internet. He's a sex offender, and I will not come to your establishment.' "

Changing the laws has been a slow fight. "People talk about it, but when you actually try to introduce legislation, lawmakers start to get really nervous," Ms. Jones said. "Because, oh, my God, we're going to be soft on sex offenders."

Mr. Anderson's parents are fighting back on behalf of their son, saying that while they believe he made a mistake, his punishment is extreme. They have been joined by the girl, who is now 15, and her mother, who have also defended Mr. Anderson, appearing in a District Court in Michigan this spring to ask a judge for leniency.

"I don't want him to be a sex offender, because he really is not," the mother said, according to court transcripts. Her daughter told the judge that she felt "nothing should happen to Zach," adding, "If you feel like something should, I feel like the lowest thing possible." The judge, Dennis M. Wiley of Berrien County District Court in Michigan, was apparently not swayed by their testimony. After Mr. Anderson pleaded guilty to criminal sexual conduct in the fourth degree, the judge declined to grant him a special status intended for young offenders. The status, under the state's Holmes Youthful Trainee Act, would have spared him inclusion on the sex offender registry and erased the conviction from his record if he did not violate probation.

During a sentencing hearing in April, Judge Wiley criticized online dating in general and berated Mr. Anderson for using the Internet to meet women.

"You went online, to use a fisherman's expression, trolling for women, to meet and have sex with," he said. "That seems to be part of our culture now. Meet, hook up, have sex, sayonara. Totally inappropriate behavior. There is no excuse for this whatsoever."

The prosecutor, Jerry Vigansky, did not oppose a Holmes Act sentence, but noted that it had not been applied to two similar cases in recent months.

For some reason, Mr. Vigansky told the judge in court, this generation seems to think it is "O.K. to go online to find somebody and then to quickly hook up for sexual gratification."

"That's not a good message to send into the community," he said.

Mr. Anderson and his defenders say it is precisely that culture that makes it difficult to determine if a prospective sexual partner is under age, when introductions occur online and outside traditional social networks. It is also easy to misrepresent personal details, including age.

"When somebody impersonates an adult, that should be a factor," said Scott Grabel, Mr. Anderson's lawyer. "You could argue that he wasn't negligent. I don't think this kid should be labeled a sex offender: That outcome doesn't do anybody any good." Mr. Grabel declined to make Mr. Anderson available for an interview.

But Rick Jones, a state senator in Michigan and one of the authors of the state's sex offender registry laws, dismissed that defense. The law requires people to be responsible for determining the age of their sexual partners, he said, and in a case like Mr. Anderson's, the punishment seems appropriate.

"A 19-year-old knows that you have to be very careful, and you certainly should not be having sex with a 14-year-old," Mr. Jones said in an interview. "In my opinion, society, over several decades, has become looser. People are meeting online, and that creates all sorts of problems. Now, people have all these crazy apps where you can locate people in your vicinity where people want to have a relationship. You should be very careful."

He said he was not bothered by the terms of Mr. Anderson's probation, which require him to stop using the Internet for five years.

"There are lots of jobs that don't involve computers," he said. "There are all sorts of trades. Truck drivers, welding. There are other opportunities."

That kind of talk infuriates the Andersons. They said the terms of their son's probation are unnecessarily severe and outdated, and would make it impossible for him to continue to attend college.

"No computer for five years, no smartphone? He can't have an email address," his father said. "To me, that's wrong. That's like taking away electricity or heat or gas to somebody, in today's world."

With their son's release from jail set for Thursday, they were scrambling to find him a new place to live and satisfy the sex offender restrictions on housing. Their own house is less than 1,000 feet from a public boat launch, which is considered a public park under state law.

Since they have shared their son's experience with local newspapers and elected officials, they said, they have received emails and Facebook messages from parents whose children have been punished for similar offenses and are now on the sex offender registry for life.

Their lawyer has asked to withdraw his client's guilty plea so he can argue for a lighter sentence. A hearing is set for Aug. 5.

"A young person, they make one mistake and all of a sudden they're classified as a loser for the rest of their life," Mr. Anderson's mother, Amanda Anderson, said. "This scenario should never result in jail time or a life of anxiety."

[Ed Anger]

Looks crazy, would not bang.

[Valmy]

Rick Jones is an idiot. His points do not even make sense. The point of a sex offender registry is to alert people to dangerous rapists not increase the number of welders or force people to do careful background checks on anonymous sex apps. And I love all the responsibility is not on him the law maker to write laws that actually serve a purpose to society but 19 year olds to be super responsible....you know the people not even considered responsible enough to drink. Typical politician garbage. Instead of defending it as good policy he is reciting fairy stories about how his draconian and stupid law is not so bad. Ok maybe it is not a death sentence (and I disagree it is basically a death sentence to your career and ability to live as an adult in our society), but what public good is it serving Mr. Jones?

Sure send him to jail for a few months. Have him take some classes and go on probation. But banning somebody from computer use and putting them on a sex offender registry is just hilariously stupid for a crime like this.

[garbon]

And she gets to be a sex criminal forever with all that goes with it.

That never is a problem.

Judge's comments seem out of line - so what if someone wants to look online for sex - but I don't think I'd consider it a minor offense to have sex with a 14 year old in a playground.

[The Brain]

And she gets to be a sex criminal forever with all that goes with it.

That never is a problem.

http://www.nytimes.com/2015/07/05/us/teenagers-jailing-brings-a-call-to-fix-sex-offender-registries.html

Teenager's Jailing Brings a Call to Fix Sex Offender Registries

ELKHART, Ind. — Until one day in December, Zachery Anderson was a typical 19-year-old in a small Midwestern city.

He studied computer science at the local community college. He lived with his parents and two younger brothers in a sun-filled home on the St. Joseph River, where framed family photos hang from the walls and a pontoon boat is docked outside.

And he dated in the way that so many American teenagers do today: digitally and semi-anonymously, through apps where prospects emerge with the swipe of a finger and meetings are arranged after the exchanges of photos and texts.

In December, Mr. Anderson met a girl through Hot or Not, a dating app, and after some online flirting, he drove to pick her up at her house in Michigan, just miles over the state line. They had sex in a playground in Niles, the police report said.

That sexual encounter has landed Mr. Anderson in a Michigan jail, and he now faces a lifetime entanglement in the legal system. The girl, who by her own account told Mr. Anderson that she was 17 — a year over the age of consent in Michigan — was actually 14.

The case came to the attention of the police after the girl's mother contacted them, concerned about her whereabouts. They were at her home when the girl returned, according to The South Bend Tribune. A few weeks later, the paper said, the police visited Mr. Anderson, who cooperated and, in February, turned himself in. He was arrested and charged and, after pleading guilty to fourth-degree criminal sexual conduct, was sentenced to 90 days in jail and probation.

As an Indiana resident, Mr. Anderson will most likely be listed on a sex offender registry for life, a sanction that requires him to be in regular contact with the authorities, to allow searches of his home every 90 days and to live far from schools, parks and other public places. His probation will also require him to stay off the Internet, though he needs it to study computer science.

Some advocates and legal authorities are holding up Mr. Anderson's case as the latest example of the overreach of sex offender registries, which gained favor in the 1990s as a tool for monitoring pedophiles and other people who committed sexual crimes. In the decades since, the registries have grown in number and scope; the nearly 800,000 people on registries in the United States go beyond adults who have sexually assaulted other adults or minors. Also listed are people found guilty of lesser offenses that run the gamut from urinating publicly to swapping lewd texts.

As Mr. Anderson's defenders see it, his story is a parable of the digital age: the collision of the temporary relationships that young people develop on the Internet and the increasing criminalization of sexual activity through the expansion of online sex offender registries.

"The whole registry is a horrible mistake," said William Buhl, a former judge in Michigan who has publicly argued that laws governing registries ought to be relaxed. "I think it's utterly ridiculous to take teenage sex and make it a felony. This guy is obviously not a pedophile."

But once Mr. Anderson leaves jail in the coming week, he will be bound by the same restrictions that apply to more extreme sex offenders, tagged with a "scarlet letter" for life, as his father, Lester Anderson, put it.

"At the end of the day, he might be out of jail, but he'll still be in his own jail," his father said. "He has to walk down the street every day and think: 'Am I too close to a school? Is there a child who's close to me?' "

There are fledgling efforts in some states to change sex offender registries so that they do not include juveniles or those guilty of minor offenses. In California, the corrections department announced in March that the state would ease residency requirements for many sex offenders, allowing certain low-risk individuals to live in areas closer to schools and parks that were previously off limits. Many sex offenders have ended up broke and homeless, living in clusters under freeways because they are routinely rejected by employers and landlords, and because they are banned from living in so many neighborhoods that contain public places like parks.

Brenda V. Jones, the executive director of Reform Sex Offender Laws, an advocacy group, said cases like Mr. Anderson's are common in many states. Frequently, a judge will give the lightest possible sentence, but cannot change the restrictions involving the offender registry.

"It's like a conviction on steroids," Ms. Jones said. "Being on a registry becomes a liability for employers, no matter how minor the offense was. Other people will say: 'I saw your employee on the Internet. He's a sex offender, and I will not come to your establishment.' "

Changing the laws has been a slow fight. "People talk about it, but when you actually try to introduce legislation, lawmakers start to get really nervous," Ms. Jones said. "Because, oh, my God, we're going to be soft on sex offenders."

Mr. Anderson's parents are fighting back on behalf of their son, saying that while they believe he made a mistake, his punishment is extreme. They have been joined by the girl, who is now 15, and her mother, who have also defended Mr. Anderson, appearing in a District Court in Michigan this spring to ask a judge for leniency.

"I don't want him to be a sex offender, because he really is not," the mother said, according to court transcripts. Her daughter told the judge that she felt "nothing should happen to Zach," adding, "If you feel like something should, I feel like the lowest thing possible." The judge, Dennis M. Wiley of Berrien County District Court in Michigan, was apparently not swayed by their testimony. After Mr. Anderson pleaded guilty to criminal sexual conduct in the fourth degree, the judge declined to grant him a special status intended for young offenders. The status, under the state's Holmes Youthful Trainee Act, would have spared him inclusion on the sex offender registry and erased the conviction from his record if he did not violate probation.

During a sentencing hearing in April, Judge Wiley criticized online dating in general and berated Mr. Anderson for using the Internet to meet women.

"You went online, to use a fisherman's expression, trolling for women, to meet and have sex with," he said. "That seems to be part of our culture now. Meet, hook up, have sex, sayonara. Totally inappropriate behavior. There is no excuse for this whatsoever."

The prosecutor, Jerry Vigansky, did not oppose a Holmes Act sentence, but noted that it had not been applied to two similar cases in recent months.

For some reason, Mr. Vigansky told the judge in court, this generation seems to think it is "O.K. to go online to find somebody and then to quickly hook up for sexual gratification."

"That's not a good message to send into the community," he said.

Mr. Anderson and his defenders say it is precisely that culture that makes it difficult to determine if a prospective sexual partner is under age, when introductions occur online and outside traditional social networks. It is also easy to misrepresent personal details, including age.

"When somebody impersonates an adult, that should be a factor," said Scott Grabel, Mr. Anderson's lawyer. "You could argue that he wasn't negligent. I don't think this kid should be labeled a sex offender: That outcome doesn't do anybody any good." Mr. Grabel declined to make Mr. Anderson available for an interview.

But Rick Jones, a state senator in Michigan and one of the authors of the state's sex offender registry laws, dismissed that defense. The law requires people to be responsible for determining the age of their sexual partners, he said, and in a case like Mr. Anderson's, the punishment seems appropriate.

"A 19-year-old knows that you have to be very careful, and you certainly should not be having sex with a 14-year-old," Mr. Jones said in an interview. "In my opinion, society, over several decades, has become looser. People are meeting online, and that creates all sorts of problems. Now, people have all these crazy apps where you can locate people in your vicinity where people want to have a relationship. You should be very careful."

He said he was not bothered by the terms of Mr. Anderson's probation, which require him to stop using the Internet for five years.

"There are lots of jobs that don't involve computers," he said. "There are all sorts of trades. Truck drivers, welding. There are other opportunities."

That kind of talk infuriates the Andersons. They said the terms of their son's probation are unnecessarily severe and outdated, and would make it impossible for him to continue to attend college.

"No computer for five years, no smartphone? He can't have an email address," his father said. "To me, that's wrong. That's like taking away electricity or heat or gas to somebody, in today's world."

With their son's release from jail set for Thursday, they were scrambling to find him a new place to live and satisfy the sex offender restrictions on housing. Their own house is less than 1,000 feet from a public boat launch, which is considered a public park under state law.

Since they have shared their son's experience with local newspapers and elected officials, they said, they have received emails and Facebook messages from parents whose children have been punished for similar offenses and are now on the sex offender registry for life.

Their lawyer has asked to withdraw his client's guilty plea so he can argue for a lighter sentence. A hearing is set for Aug. 5.

"A young person, they make one mistake and all of a sudden they're classified as a loser for the rest of their life," Mr. Anderson's mother, Amanda Anderson, said. "This scenario should never result in jail time or a life of anxiety."

The judge appears to be unhinged.

[Valmy]

Judge's comments seem out of line - so what if someone wants to look online for sex - but I don't think I'd consider it a minor offense to have sex with a 14 year old in a playground.

If they are also a teenager? I am not even saying this should not be a crime worthy of a jail sentence of several months or a year. But this person is not a sexual predator. They thought they were having consensual sex with a person around their age.

[garbon]

Judge's comments seem out of line - so what if someone wants to look online for sex - but I don't think I'd consider it a minor offense to have sex with a 14 year old in a playground.

If they are also a teenager?

19 to 14? No, I don't think that's a small enough difference to call it minor. I agree that he shouldn't basically have his life ruined but this is hardly like oops, he was speeding!

[The Brain]

1/2x + 7

[The Brain]

I came across (shut up) a porn once where they were at a playground, and I nexted it. Not into that.

[Syt]

I agree some punishment is in order - possibly with an evaluation if he could reasonably think the girl was of legal age at the time (though obviously he could have asked for some form of ID if he was in doubt).

But I have some issue with the comments from the judge and prosecution. Their job IMHO is to evaluate the case on its legal merits and, if possible, be impartial about it. Not to send a message to the community or them darn kids with their newfangled apps and devices.

The senator is an idiot, but as a politician he's excused.

[Valmy]

Judge's comments seem out of line - so what if someone wants to look online for sex - but I don't think I'd consider it a minor offense to have sex with a 14 year old in a playground.

If they are also a teenager?

19 to 14? No, I don't think that's a small enough difference to call it minor. I agree that he shouldn't basically have his life ruined but this is hardly like oops, he was speeding!

Yeah, as I said, this was a serious crime and he should pay a big price for it. But he is not a serial rapist who society needs protection from.

14 year old girls can easily look 17 or 18 though so without actually doing some research he couldn't have known that. It is not like he could have checked her driver's license or anything.

[Valmy]

But I have some issue with the comments from the judge and prosecution. Their job IMHO is to evaluate the case on its legal merits and, if possible, be impartial about it. Not to send a message to the community or them darn kids with their newfangled apps and devices.

Well they did end all online sex hookups.