An Alabama high school teacher accused of having sexuality with two male students has had her criminal case tossed by a magistrate who ruled the state’s teacher-student sex law unconstitutional.
Decatur High School history teacher Carrie Witt, 44, was charged with having sex with a male student who was 17 when the relationship started, and the other male student who was 18.
She persuaded Circuit Court Judge Glen Thompson that in Alabama the age of consent is 16 and that police never had accused her of having used her position to coerce the students into having a sexual relationship.
Had it have been some sort of coercion it would be a different story, her attorney Robert Tuten told Fox News Friday. The nation has never said it was other than consensual. If that is the case they cannot charge( her) with a crime.
He added: It doesnt mean we think teachers should be having sex with students, but this is not the way to handle that.
Tuten said Witt was glad the magistrate had ruled in her favor.
Alabama lawmakers built teacher-student sex under the age of 19 a crime in 2010.
Decatur police apprehended Witt in 2016 after investigating a complaint that she had been involved in a sexual relationship with a student younger than 19. She was placed on administrative leave after her arrest and has been free on $10,000 bail.
Thompson found that while there may be a gap in power between educator and student, it “clearly does not exist between every school employee and every student irrespective of where that student is enrolled, ” WHNT-TV reported.
He is of the view that prosecutors must prove local schools employee was actually in a position of authority over the victim/ student and that the position of authority was abused to obtain consent, according to the station.
The statute at hand embeds an irrebuttable presumption that any sex encounter between an employee of any school and any student( without qualification as to class, school, or school system) is conclusively the outcomes of misuse of authority, ” wrote the judge, the station reported.
The law takes away the right of the employee to assert a defense that legal permission that was freely and legitimately devoted abrogating the students capacity to consent.
Thompsons ruling also dismissed a occurrence against David Solomon, a Falkville High School teachers aide charged last year with having sexuality with a 17 -year-old female student.
Make sure to visit: CapGeneration.com