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Former Junior ROTC instructor gets 4 years' probation for sex with student

59-year-old accused of sex with student is put on probation

Thursday, March 21, 2013 12:13 PM
Last updated Friday, March 22, 2013 1:02 AM
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THOMSON — The former Harlem High School Junior ROTC instructor accused of having sex with a student was sentenced to four years’ probation and fined $2,000 after pleading guilty Thurs­day in McDuffie County Superior Court.

Judge Hal Hinesley accepted the plea from Mitchell Sivas, 59, of Thom­son, which includes granting first offender status.

Sivas must register as a sex offender.

Several family and friends who spoke on his behalf asked the judge for leeway
on some of the provisions of sex offender status.

Hinesley allowed Sivas to visit with his children and grandchildren and perform community activities without restriction.

Hinesley ordered Sivas to check in monthly with a probation officer, not live within a certain distance of churches or schools, not have pornographic materials, not use any controlled substance, submit to random drug testing during probation, continue treatment with a psychologist, surrender all teaching credentials for life and never have contact with the student or her family.

After the four years of probation, Sivas will no longer have to register as a sex offender, but he will not be allowed to teach.

“This was a very difficult case,” Hinesley said. “I understand the contact between Mr. Sivas and the female student was consensual, but
the age difference is a serious concern.”

Sivas was 57 and the student 17 at the time of the incidents.

“While the state may allow a 17-year-old to consent, at that age she is still a child,” Hinesley said.

The charge against Sivas – sexual assault with a person in custody – refers to a teacher who has sex with a student who attends the same school. The law does not allow the student’s consent to be used as a defense.

The student has since graduated from Harlem High and is attending college.

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Young Fred
13778
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Young Fred 03/21/13 - 02:35 pm
4
0

What is going on? Story

What is going on? Story after story about sex abuse and/or adult-minor relations.

Is the human race incapable of controlling its urges?

Dixieman
10395
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Dixieman 03/21/13 - 02:49 pm
6
1

3,099,884 POINTS

He dodged a bullet on this one.

Jake
30353
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Jake 03/21/13 - 03:03 pm
7
1

I wonder.....

....how did he dodge a bullet and what was the criteria that caused him to dodge a bullet? Did not a Harlem school teacher go to prison for doing the same thing, only with a student of her same sex?

LillyfromtheMills
10869
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LillyfromtheMills 03/21/13 - 03:04 pm
3
1
LillyfromtheMills
10869
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LillyfromtheMills 03/21/13 - 03:05 pm
2
1

Jake

Yes and yes - one a murder

LillyfromtheMills
10869
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LillyfromtheMills 03/21/13 - 03:12 pm
2
0

See why

I like Bloody Mary's

owensjef3
5507
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owensjef3 03/21/13 - 04:41 pm
2
1

Wow

Unpublished

Wow

Jake
30353
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Jake 03/21/13 - 05:49 pm
5
1

Lily

I remember the murder back in the 80's. Dude went back home to Texas and beat the rap, as I recall. Had something to do with extradition.
The case of the teacher I am refering to was a few years ago and maybe it was Hephzibah and not Harlem, I am not sure. Anyway, she went to jail for a couple of years and was released. And, yes, it was also a consensual thing.

Darby
19174
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Darby 03/21/13 - 06:08 pm
4
0

And another one...

bites the dust!

my.voice
4194
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my.voice 03/21/13 - 06:40 pm
4
2

I always find irony in that

I always find irony in that our society pushes sex everywhere and claims it has no consequences. Have you seen what gets by as PG-13 these days? Yet the first thing a judge does is cut of a sex offenders porn supply. It either has and effect or it doesn't, you can't cut it both ways.

This guy is a lonely pervert, find someone your own age and leave our CHILDREN alone. I think you got very lucky today, sir, and that jail time SHOULD have been imposed. A CLEAR message was NOT sent today Judge Hinesley.

GiantsAllDay
8180
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GiantsAllDay 03/21/13 - 07:18 pm
4
6

4 years without porn. That's

4 years without porn. That's pretty harsh.

specsta
5773
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specsta 03/21/13 - 08:31 pm
3
3

Real Irony

@my.voice

This American society pushes violence everywhere and most folks condone it.

A society with a healthy and open attitude toward sex, unlike the US, would be far more preferable than one in which blood and gore in prime-time barely raises an eyebrow - yet a nipple on TV demands Congressional hearings.

grouse
1585
Points
grouse 03/21/13 - 09:51 pm
0
0

Two teenagers get at least

Unpublished

Two teenagers get at least one and two-year sentences for "digitally" raping a girl.
If he hadn't been a teacher, there would be no case.
...just some observations that we live in a weird country...

Dixieman
10395
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Dixieman 03/21/13 - 10:00 pm
5
0

4,898,021 POINTS

Nobody has ever figured out - despite lots of studies - whether porn stimulates sexual crimes or whether it actually diminishes their incidence by providing people with an outlet. I'd rather have him reading porn magazines in the privacy of his own home than prowling around chatting up teenagers.

Jake
30353
Points
Jake 03/21/13 - 10:39 pm
2
0

Wondering

Where are the usual posters who like to comment about crimes in the CSRA? I guess no one has an axe to grind with the type of person involved.

Darby
19174
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Darby 03/21/13 - 11:10 pm
6
0

"yet a nipple on TV demands...

Congressional hearings."
.

In spite of the fact that we have 535 boobs on capital hill.

sha ron
114
Points
sha ron 03/22/13 - 02:04 am
3
2

How can you say a sexual

How can you say a sexual relationship between a teenage student and a fifty something year old man is consensual . This is what is wrong with our society.

bumblebeerose
654
Points
bumblebeerose 03/22/13 - 03:20 am
2
0

I missed something here

How can he get only probation? Wrong is wrong and what he did with a child deserved jail time. Is his story and Scott Deans that much different? I did not follow the trial of Scott Dean so I do not know. I know only of what little I have seen here. Can some one answer the question.

Dixieman
10395
Points
Dixieman 03/22/13 - 06:05 am
5
0

2 BILLION POINTS

Read the article. She was over the age of consent, but consent is not a defense to the crime of having sex with a student in your school if you are a teacher -- the ONLY thing he was convicted of. Scott Dean faced different charges.

TrukinRanger
1556
Points
TrukinRanger 03/22/13 - 06:38 am
0
0

What he did was wrong- but

Unpublished

What he did was wrong- but she was over the age of consent. He should have just been fired.

seenitB4
72789
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seenitB4 03/22/13 - 08:34 am
2
0

specsta has a point with this...

A society with a healthy and open attitude toward sex, unlike the US, would be far more preferable than one in which blood and gore in prime-time barely raises an eyebrow - yet a nipple on TV demands Congressional hearings.

carcraft
20672
Points
carcraft 03/22/13 - 09:57 am
2
0

Well countries that have open

Well countries that have open attitudes about sex still have problems with child molestation. I do agree graphic violence does need to be toned down.

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