A Morgan County judge is expected to rule today on the constitutionality of the Alabama law that prohibits school employees from having sex with students, even if both have reached the age of consent.
The law's constitutionality is being disputed by a former Decatur High School teacher who faces two felony charges in connection with accusations she had sexual relationships with two male students.
Carrie Cabri Witt, 43, was arrested in March 2016 when police said she had sex with the teenagers -- one who was 17 and the other 18 -- when they were her students at Decatur High. Witt was a history, psychology and social studies teacher, who also coached girls' golf and junior varsity cheer.
Witt's attorneys, Robert Tuten and Nick Heatherly, argue teachers' 14th Amendment equal protection rights are being violated by the state law that was created in 2010. The law treats teachers and other school employees differently from other citizens, the attorneys argue in court records.
Morgan County Circuit Judge Glenn Thompson will hear the case at 1:30 p.m.
Other adults having consensual sex with 16-year-olds do not face criminal prosecution, Heatherly and Tuten argue. The law prohibits any school employees from having sex with students who are younger than 19. If teachers or other school employees violate the law, they can be charged with a Class B felony that carries a punishment up to 20 years imprisonment. The law also requires they register as sex offenders if convicted.
In a response motion, Paul Matthews, a Morgan County Assistant District Attorney, said the equal protection clause doesn't make the law unconstitutional, as "the defendant is not claiming and cannot claim that the statute classifies her by race, alienage, national origin or gender."
Therefore, Matthews argues, Thompson should assume the law is valid and decide whether it is "rationally related to a legitimate state interest."
Witt's attorneys claim the students were not enticed or pressured in any way and showed no signs of mental defect that would make them unable to consent to sex.
The school sex law "should be an attempt by the Alabama legislature to protect students from being victimized by teachers who abuse authority and influence to coerce or fraudulently obtain consent for sex acts," the motion states. "As applied to this defendant, however, the statute impedes (her) fundamental privacy right to engage in private acts of non-injurious, consensual sex without interference from the State."
"Had Witt been a volunteer coach and not a school employee, the statute would not even apply. She exercised no power over them. She never tried to use her position of authority over them."
Witt's attorneys also are arguing the law violates her right to privacy, in that it "criminalizes consensual sexual activity conducted in private," as "consent is not a defense to a charge under this statute."
Winfield Sinclair and William Parker, assistant attorneys general from the Constitutional Defense Section of the Alabama Attorney General's Office, are expected to attend the hearing. The hearing initially was scheduled for Monday but was postponed in expectation severe weather that could affect Sinclair and Parker's travel from Montgomery.
"They will be present for the limited purpose of addressing the challenge to the constitutionality of the law," said Joy Patterson, a spokeswoman for the AG's Office. "The criminal prosecution will continue to be handled by the district attorney's office."
Patterson said the AG's Office is declining comment on whether today's hearing could influence or set precedent for other cases in which several teachers across the state have been arrested for having sex with their students. ..Source.. By Ashley Remkus -- For Update HERE
No comments:
Post a Comment