In May 2018, Evan Smith, a 15-year math teacher at Mountain View High School, was convicted of a misdemeanor for annoying or molesting a child under 18. His conviction stemmed from a November 2017 investigation when a female victim notified the school that he had been sending her inappropriate text messages.
The female did not give Smith her cell phone number, but instead, he sent her messages through Facebook Messenger. She told investigators that the messages started harmlessly. During a lunch outing in October 2017, she had confided in him to discuss a troubling experience. However, after that lunch, the exchanged messages started to turn sexual. Smith asked the victim about her sexual history, bragged about his own “sexual abilities,” and said he was curious because he had “never been with a teenage girl.”
In early November, the victim was encouraged and supported by a close friend, who convinced her to tell someone, so that this does not happen to someone else. The victim told the school counselor at Mountain View High School, who then called the Mountain View Police Department. Smith told investigators that he did not think that there was anything wrong with the messages as he was not attracted to the victim.
The victim, on the other hand, told investigators that Smith instructed her not to share these messages with anyone. Smith was placed on administrative leave and was arrested a few days later on one felony count of sending the harmful matter to a minor.
Although he initially pleaded not guilty during a January 2018 hearing, he changed his plea to no contest for a reduced charge as a misdemeanor. Since he was convicted of a misdemeanor versus a felony, Smith is still eligible for his retirement pension. He also had to resign from Mountain View-Los Altos Union High School District, stay away from the school campus and victim, lose his teaching credential, and register as a sex offender for ten years.
The power to stop predators from harming others is yours
Sexual predators often groom their victims. They try to earn the victim’s trust or are present to “help” during a difficult time, thereby giving the illusion of being someone to trust. Smith’s actions are, unfortunately, pretty common. As attorneys, we have heard victims’ stories with these same types of predators before. You are not alone!
The attorneys at Corsiglia, McMahon & Allard have helped numerous victims stand up against their predator and the institution that employed them. If you, or a loved one, have been sexually harmed and need help, call (408) 289-1417 for a free and confidential consultation.