Teacher in sex case may get probation

0 Comments | Deseret News (Salt Lake City), Jun 17, 2009 | by Linda Thomson Deseret News

FARMINGTON -- Probation is a distinct possibility for a history teacher and cheerleading adviser who had sex with a 13-year-old boy after the woman pleaded guilty to a reduced charge Tuesday.

The reason?

The boy and his family do not want the teacher sent to prison and hope 2nd District Judge Rodney Page will sentence her to probation instead.

Linda Nef, 46, pleaded guilty to a reduced charge of attempted aggravated sexual abuse of a child, a first-degree felony, as part of a plea bargain. The crime carries a possible sentence of three years to life in prison.

That is a substantial switch from the charges of rape of a child and sodomy on a child, both first-degree felonies, that Nef previously faced. Each of them carried potential mandatory prison terms of 25 years to life, unless a case could be made to the judge that there were several unusual circumstances and conditions that might warrant a reduced sentence.

"We've reviewed it (the plea deal) with the victim and his parents and, quite frankly, they want it resolved in a way that left the possibility of probation open for your honor," prosecutor Richard Larsen told Page.

When questioned about the amended charge, Nef answered every question in a calm voice and showed no visible emotion.

"Are you entering a guilty plea because you feel you are guilty?" the judge asked.

"Yes, I am," Nef replied.

She will be sentenced July 21.

Larsen said although prosecutors agreed to the plea bargain, the agreement was not a denial of the sexual acts that took place between Jan. 1, 2008, and Feb. 14, 2008. The judge ordered a presentence report, and Page will consider recommendations from the report as well as prosecutors, defense attorneys and the victim.

But ultimately, the judge will decide whether Nef goes to prison.

Nef's attorney, Scott Druyon, later said that the victim did not want Nef to come forward and confess that the two had been engaging in sexual activity, and the boy threatened to kill himself. Druyon said his client "struggled for months" with this issue, but she did go to police after learning that "tools were available to her to not only confess but get some help for him."

Questioned about whether the case presents a double standard for male and female sex offenders, Druyon said he believes men and women should be treated equally under the law. However, he said it also is important to get professional evaluations of people charged with crimes to see what type of offender they are, which should influence the outcome of a case.

Druyon obtained mental health and psychosexual evaluations for Nef and said that the psychosexual exam produced a "very favorable" report that indicates she is not a pedophile and is a low risk to the community.

Nef taught Utah history at Bountiful Junior High School but resigned from the Davis School District after her confession. The boy was a former student of hers but was not a student at the time of the sexual conduct.

Another Bountiful Junior High teacher, Valynne Bowers, 39, also faces charges in connection with sexual activity with the same boy when he was 14. She is charged with rape and forcible sodomy, both first-degree felonies. Her case is pending, and she is on leave from her math teaching job.

E-MAIL: lindat@desnews.com