Charges of sex with two teen students against Carrie Witt an Alabama teacher are ruled unconstitutional after a judge says the teacher didn’t abuse her position.
Carrie Cabri Witt a 44 year old Alabama high school teacher accused of having sex with two students has had charges against her thrown out after a judge ruled the indictment as unconstitutional.
The judge’s decision comes after Witt was charged in March last year with having sex with the students aged between 16 and 19 years old while working as a teacher at Decatur High School.
At the time of her arraignment, Witt’s lawyers claimed the teacher had no control over the boys because they were not in her class, while also pointing out they were of legal age.
A report via WHNT told of the judge dismissing both charges without prejudice on constitutional grounds.
Morgan County Circuit Judge Glenn Thompson said the court found the statute ‘unconstitutional’ with the judge saying there was no proof Witt used her position of authority to force the two students to have sex.
The judge noted that state law allows students to legally have sex at age 16, as long as someone doesn’t use their position of authority to obtain that consent.
Judge Thompson went on to qualify his reasoning saying that position of power ‘clearly does not exist between every school employee and every student regardless of where that student is enrolled.’
Added Thompson in his ruling, ‘It is this court’s finding that the law grants these students the capacity to consent until and unless there is some showing that authority was used to obtain illegitimate or coerced consent,’
‘If no such position of authority is alleged, the defendant must be permitted to show consent as a defense.’
Prior to the sex allegations, Witt taught history, psychology and social studies, as well as coaching the varsity girls’ golf team and and junior varsity cheerleading reported AL.com.
She was put on administrative leave with pay by Decatur High while the school investigated the situation.
Officials started investigating when police received information that the woman was having a sexual relationship with at least one student.
While interviewing people, investigators discovered a second victim.
Though the age of consent is 16 in Alabama, a law was passed in 2010 that made it a felony for a school employee to have sex with a student under 19 years old noted the dailymail.
The judge’s decision has since made some commentators wonder whether he would have maintained the same stance had the genders of the teacher and victim being reversed and to what degree some courts perceive men as the sole operators of sexual predators despite the many instances of females often abusing their position of authority, trust and access over the young men they subjugate….