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Sara Cole Gets Six Months in Jail

Los Gatos mother of four also faces three years of probation and must registerr as a sex offender.

A Los Gatos woman accused of having sex with a teenage boy last summer was sentenced Tuesday morning to six months in Santa Clara County Jail and three years or formal probation after being found guilty by a jury earlier this month of the misdemeanor offense of annoying or molesting a child.

Sara Cole, 47, will also have to register for life as a sex offender.

Santa Clara County Superior Court Judge Jerome Brock retained jurisdiction over the case, which means if Cole violates probation, he will handle the matter.

If Cole violates probation, she could be sent back to county jail to serve additional time, said Santa Clara County Deputy District Attorney Timothy Moore, who prosecuted the case.

Annoying or molesting a child can involve kissing, touching, tickling or playfully flirting with a minor, which is against the law and considered a sex crime. In this case, Cole was found guilty of those acts toward the boy.

The jury found that a normal person would have been annoyed or offended by the conduct and that the behavior was motivated by an unnatural or abnormal sexual interest in the minor. It's not a defense that the boy may have consented to the inappropriate relationship, according to the law.

The sentencing took place in Judge Brock's Dept. 35 of the San Jose Hall of Justice.

Cole will begin serving her jail term in January after Brock gave her a stay on the time to allow her to spend the holidays with her family, Moore said. She has four children.

Cole's attorney, Michael Armstrong, didn't return several phone calls and emails seeking comment.

The jury declared a mistrial on a third felony count of unlawful sex with a minor. Moore said in the interest of justice, he will reserve his right to refile that charge at a later time within the statue of limitation, but at this time he will not retry Cole on that offense.

Asked if he was satisfied with the sentencing imposed on Cole, Moore said he argued that she should receive the maximum term of one year in county jail beginning immediately.

However, Judge Brock, disagreed, and Moore said, "I have a lot of respect for Judge Brock, and that's what he decided."

Last summer, the , acting on concerns by the victim’s parents, launched a two-month investigation. In September, officers served a search warrant at Cole’s home and seized equipment and phones, police sources say.

On Sept. 30, 2010, Cole turned herself in to police after a warrant had been issued for her arrest. The mother of four was accused of having an affair with a local teenage boy over the course of several months.

She was released on a $30,000 bail on Oct. 1, 2010, and arraigned on Oct. 13, 2010.

Moore has said the complaint filed against Cole alleged three separate violations occurring between May 1 and July 15, 2010.

In 2007, Cole was embraced by Los Gatos after nearly being killed by a drunken driver. At the time, Cole was considered a local hero and a living warning about the dangers of drunken drivers.

During the four-day trial earlier this month, the the boy himself and  say that Cole was guilty of having sexual intercourse with the young man, who's almost 18 now.

The boy, who was 16 at the time of the allegations, testified that Cole had sex with him 30-40 times, Moore said.

Moore showed the jury 5,415 texts and 863 phone calls between Cole and the boy that took place between January and July of 2010. Many of the sexually explicit texts were used as evidence that Cole had intercourse with the boy. 

Armstrong defended his client by saying Cole was just trying to help the boy, who was using drugs and doing poorly in school. Cole testified the boy assaulted her three times. 

Poot August 31, 2011 at 12:25 AM
If it was a 47 year old man and a 16 year old girl, he'd have been counting his sentence in years.
Brad Hayden August 31, 2011 at 04:30 AM
Oh Lord, hear my prayer. Should I ever commit a serious crime, please give me a jury as stupid and gullible as the one this woman got. No need for her to buy lotto tickets, I think she's used up her luck for a while. And talk about a glaring double standard. Any man would have been convicted of all charges and locked away for 20 yrs. 5400 emails, 836 phone calls, the boy himself testified to 30-40 encounters and she gets six months. What a deal. And then there's the jury, did they even understand the concept of evidence. And of course, after all the evidence is stacked against her, Cole cries rape and all the real evidence is forgotten, so typical. Why juries are more inclined to believe the woman is beyond me.
R.A. August 31, 2011 at 08:53 AM
Are the above comments for real? Perhaps in an American context, they make some kind of sense. There IS actually a difference between the types of cases they mention and this one. Think about it. Not only that, this sentence is outrageously harsh. Is the judge up for election? Only in America...
FS August 31, 2011 at 02:52 PM
The offence in the above case was moral and ethical not criminal --this prurient case should never have been brought before a judge.
Steve August 31, 2011 at 10:26 PM
This one's for the girls..Historically, women pay more for dry cleaning and hairdos (in most instances). Men pay more for life insurance and prison sentences (in most instances). Touche'
cynthia September 01, 2011 at 04:51 PM
Just because the perpetrator is a female shouldn't make a difference. She should be doing some serious time in prison for molesting the boy. Teenager or not, she should have known not to get sexual with a child. If this had been a man he would not have gotten off with such a light sentence. What is the matter with the justice system! I recently read a post written by a molestation victim which I would like to share with others. http://www.peoplesinsight.com/articles/5-my-childhood/206-sexually-abused-as-a-child
Kim Ratcliff September 01, 2011 at 09:46 PM
Could not agree more with your eloquent post, Kimberly.
Dry6 September 02, 2011 at 03:39 PM
The sex offender registration laws are holdovers from a homophobic period of legislation enacted after WW1. Oral sex and anal intercourse were crimes against nature. Yet unlawful sexual intercourse has never been a felony that required mandatory sex offender registration. So how is it that foreplay: tickling,teasing and kissing is a registration offense. This state has so much money the DAs choose to prosecute behavior that is legal in 37 other states; glad to see all of you approve of the expense.
lj January 11, 2013 at 01:33 AM
It makes me mad about this woman I was a volunteer to donate dinners to her when she was injured I went out of my way feeling bad for her as an injured mother and to find out she is a child molester totally makes me so mad......
mh January 29, 2013 at 05:59 AM
Bs...it takes two. This probably never would have happend if she wasn't injured.Have some heart. Think before u speak. This "boy" wasnt thinking w his brain. I am sure he was a virgin too?He took advantage of her. Come on now!To all the comments above this is more complicated then it seems. Lj get a grip. she still is someone's mother. I don't care if ur mad. Be thankful this is not u, and worry about urself. I m sure u r perfect.

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