Former UFC fighter Hermes Franca sentenced to 42 months in prison for sexual abuse of underaged student

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BuffaloDave
1/6/12 9:44:01PM
A former Ultimate Fighting Championship lightweight title contender has been sentenced to more than three years in prison after being convicted this week of sexually abusing an underage female student at his Clackamas martial arts school.

Hermes Franca Barros, 37, pleaded guilty in Clackamas County Court on Wednesday to one count of unlawful penetration and one count of first-degree sexual abuse. He was sentenced to 3½ years in prison.

He was arraigned in May on seven counts of first-degree sexual abuse and two counts of second-degree unlawful sexual penetration. The remaining counts were dismissed.

Barros will also have four and a half years of post-prison supervision and must register as a sex offender.

LINK
kopower
1/6/12 10:11:45PM
May Hermes be unlawfully penetrated numerous times while he's away in prison. Fuckin scumbag.
MiniMan
1/6/12 10:59:45PM
Good job you purple haired idiot. I hope the brothers ride a train on your ass.

But I do hope this wasnt some school girl who thought it was cool to boned by a UFC fighter, And when shit hit the fan, She yelled RAPE. I know ZERO facts, but this stuff has happened before.
KungFuMaster
1/6/12 11:45:43PM
I don't feel bad anymore for Franca being screwed in a fight by a non-sanctioned event/promoter a few years ago.
warglory
1/6/12 11:46:13PM
Wow guys, maybe you should wait for the facts to come out before crying for the man to be raped in prison.
Geoffo
1/6/12 11:46:46PM

Posted by MiniMan

Good job you purple haired idiot. I hope the brothers ride a train on your ass.

But I do hope this wasnt some school girl who thought it was cool to boned by a UFC fighter, And when shit hit the fan, She yelled RAPE. I know ZERO facts, but this stuff has happened before.



I wouldn't be surprised if that happened... But Franca should have known better.
emfleek
1/6/12 11:50:59PM

Posted by warglory

Wow guys, maybe you should wait for the facts to come out before crying for the man to be raped in prison.



I'm not sure many more facts will come out considering he's already been convicted *and* sentenced.
warglory
1/6/12 11:53:54PM

Posted by emfleek


Posted by warglory

Wow guys, maybe you should wait for the facts to come out before crying for the man to be raped in prison.



I'm not sure many more facts will come out considering he's already been convicted *and* sentenced.



What I mean is, do we know the age of the girl and whether or not it was consensual? I'm not condoning his behavior, but there's a huge difference in actually sexually abusing a minor, and having sex with a 17 year old. We don't know how old the victim was or the circumstances behind the conviction.
KungFuMaster
1/6/12 11:54:36PM

Posted by warglory

Wow guys, maybe you should wait for the facts to come out before crying for the man to be raped in prison.



Well, usually when a person agrees to a plea bargain, it is usually because he or she is guilty. Would you agree to a plea bargain if you never committed the crime? There are some sensitive civil and abuse/harassment cases where the defendant may choose to plead guilty to avoid a heftier punishment but I doubt this is the case.

This is a serious charge and if Franca did not commit the crime, there should be no reason for him to plead guilty. My gut tells me he got off easy.
emfleek
1/7/12 12:07:44AM

Posted by warglory

but there's a huge difference in actually sexually abusing a minor, and having sex with a 17 year old.



I suppose that's all a matter of opinion.

And in my opinion, a 37 year old having sex with a 17-year old is downright disgusting.
tcunningham
1/7/12 12:29:25AM
"Drinking, women, parties, all part of a lifestyle that has led to my failing as a husband, a father, a dreamer," he wrote. "I am now a man with very little freedom."

you mean "drinking, UNDER AGE-woman, parties, all part of a lifestyle that has led to my failing as a husband, a father, a dreamer,"

fuck this guy, even if it was consensual he still should know, as a grown-ass man, that its wrong to have sex with a 17 year old. and only getting 3.5 years? wtf man, sexual crimes should be a mandatory 10+ year sentence.
Budgellism
1/7/12 12:32:20AM

Posted by emfleek


Posted by warglory

but there's a huge difference in actually sexually abusing a minor, and having sex with a 17 year old.



I suppose that's all a matter of opinion.

And in my opinion, a 37 year old having sex with a 17-year old is downright disgusting.



I have to agree here. There is 0 excuse for this. The guy is scum no matter what the circumstance is.
tmas
1/7/12 12:43:08AM
In the majority of states, the age of consent is either 16 or 17; however, the age of consent in Oregon is 18 years. Under Oregon law, a person is considered incapable of consenting to a sexual act if the person is:



(a) Under 18 years of age; or

(b) Mentally defective; or

(c) Mentally incapacitated; or

(d) Physically helpless.

ORS 163.408 Unlawful sexual penetration in the second degree. A person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object other than the penis or mouth of the actor and the victim is under 14 years of age. Class B Felony and a Ballot Measure 11 Offense. Sentence usually involves a significant prison sentence.

ORS 163.411 Unlawful sexual penetration in the first degree. A person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the vagina, anus or penis of another with any object other than the penis or mouth of the actor and:

(a) The victim is subjected to forcible compulsion; or

(b) The victim is under 12 years of age; or

(c) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

Unlawful sexual penetration in the first degree is a Class A felony and a Ballot Measure 11 Offense. Sentence can range from 100 to 300 months in prison.

ORS 163.427 Sexual abuse in the first degree. A person commits the crime of sexual abuse in the first degree when that person:

(a) Subjects another person to sexual contact and:

(A) The victim is less than 14 years of age; or

(B) The victim is subjected to forcible compulsion by the actor; or

(C) The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or


(b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.

Sexual abuse in the first degree is a Class B felony and a Ballot Measure 11 Offense. Sentence usually results in a significant prison sentence.

--------------------------------------------------------
from what i get here he had sexual contact with someone under the age of 14, or something i dunno....pretty messed up though.
Chael_Sonnen
1/7/12 12:44:02AM
Instant castration!
Lesnar1
1/7/12 1:20:28AM
It's a despicable act by Hermes, no excuses can be made for it, he deserves more than 3 & 1/2 years but oh well, hopefully he learns his lesson while inside.
tallica62
1/7/12 1:24:16AM
That sucks

But on a lighter note..have you ever noticed the Techno Viking is Keith Jardine?
hotrodttt
1/7/12 3:39:08AM
Hermes via ko vs anybody in prison lol
Kpro
1/7/12 3:48:30AM
It was plead from 9 felones to 2 so hard to assume it was just one underage student.

But 9 to 2 probably also means the prosecution didn't have a van full of evidence.

Regardless, in my head it was all 17 year olds. I don't want to think of Franca hitting on pre-teen students, and no one should classify him that way since we don't know.

He's already been in for 7 months hasn't he? 42-14 for good time is 28. Minus 7 already served = 21 months remaining.
FR33B1RD
1/7/12 4:08:55AM
I'm generally disturbed by the level of people's desire for someone to get raped in any circumstance.
Bythar
1/7/12 6:00:20AM
I'm familiar with the law here, but not the US as much. Is this sentence not a bit light given the crime (not the lessening via bargain but the actual crime he was convicted of?).

Concerning plea bargains, accepting them doesn't mean that you're guilty, just that you and your team acknowledge that the opposition have a better case and you're likely to lose.
Poor_Franklin
1/7/12 6:28:31AM
either way you look at it, he didnt make a very good "life" decision

prison aint fun for nobody
kopower
1/7/12 7:28:19AM

Posted by emfleek


Posted by warglory

Wow guys, maybe you should wait for the facts to come out before crying for the man to be raped in prison.



I'm not sure many more facts will come out considering he's already been convicted *and* sentenced.



I agree. He already pled guilty and admitted his wrong doing. I don't want him to get raped, just unlawfully penetrated; I guess there's a difference.
jjeans
1/7/12 8:00:04AM

Posted by kopower

May Hermes be unlawfully penetrated numerous times while he's away in prison. Fuckin scumbag.



You know a fighters gone to far when this isn't considered fighter bashing. I'm a huge fan of kopower and I, although think his remarks are a little harsh, can see why anyone thinks this way when there's a 20 year age difference and the girls underage.

He's no longer a fighter in my eyes he's down right perverted. And I hope all MODs pull a blindeye on kopower, because Given the circumstances, Hermes definatley isn't Gunna be fighting for another 42 months and he has some serious explaining to do to himself whilst he's in prison. Fighter bashing this isn't, convicted fellon abuse it is.
Kpro
1/7/12 8:10:08AM
Hermes has retired twice in the last two years.

He's an ex-fighter now.

ncordless
1/7/12 8:20:25AM
Unlawful sexual penetration in Oregon requires the victim to be 14 or under.


Bash away.
MisterFreeze
1/7/12 8:55:03AM

Posted by KungFuMaster


Posted by warglory

Wow guys, maybe you should wait for the facts to come out before crying for the man to be raped in prison.



Well, usually when a person agrees to a plea bargain, it is usually because he or she is guilty. Would you agree to a plea bargain if you never committed the crime? There are some sensitive civil and abuse/harassment cases where the defendant may choose to plead guilty to avoid a heftier punishment but I doubt this is the case.

This is a serious charge and if Franca did not commit the crime, there should be no reason for him to plead guilty. My gut tells me he got off easy.



This is not always true. There are circumstances where a man may realize that the police have enough evidence to pin the conviction on him, even if he didn't do it. So that person will accept the plea in order to avoid a harsher sentence for something they didn't do. They may be innocent, but they determine the risk of being found guilty in a trial isn't worth it. It's a sad fact about our judicial system.
Now, in no way am I saying this is the case here. I don't know. I don't know any details. But it's not out of the ordinary that Hermes would take the plea bargain because he knew defending himself at trial would be impossible, whether or not he did it.
MisterFreeze
1/7/12 8:58:38AM
Now if Hermes actually did this... he's a disgusting scumbag. I have no tolerance for sex offenders and my opinions towards them would probably get me banned from this site if I were to share them.
MisterFreeze
1/7/12 8:59:52AM

Posted by Bythar

I'm familiar with the law here, but not the US as much. Is this sentence not a bit light given the crime (not the lessening via bargain but the actual crime he was convicted of?).

Concerning plea bargains, accepting them doesn't mean that you're guilty, just that you and your team acknowledge that the opposition have a better case and you're likely to lose.



A plea bargain is an admission of guilt. To accept the plea, you must admit you're guilty.

A No Contest, is what you're referring to.
emfleek
1/7/12 9:43:20AM

Posted by ncordless

Unlawful sexual penetration in Oregon requires the victim to be 14 or under.

Bash away.



Disgusting.
warglory
1/7/12 10:30:30AM

Posted by emfleek


Posted by ncordless

Unlawful sexual penetration in Oregon requires the victim to be 14 or under.

Bash away.



Disgusting.



Yeah, I agree, no excuse there.
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