Judge rules Alabama teacher-student sex law unconstitutional - WAFF-TV: News, Weather and Sports for Huntsville, AL

Judge rules Alabama teacher-student sex law unconstitutional

(WAFF) -

A Morgan County judge has thrown out the charges against two school employees accused of having sex with students, saying the state law that forbids it is unconstitutional.

Because the cases involve a state statute, the Alabama Attorney General's Office would have to appeal the judge's decision, and District Attorney Scott Anderson tells us that will happen.

Carrie Witt is a Decatur High School teacher who had been charged with having sex with two male students, one 16-years old, the other 19.

David Solomon was a teacher's aide at Falkville High School when he allegedly had sex with a 17-year-old student.

Morgan County Circuit Judge Glenn Thompson entered his ruling today, saying the Alabama law making sex with any Alabama school employee with any student under 19 too broad.

Judge Thompson said that it doesn't allow consideration for whether the employee used their authority to coerce a student into a consensual sexual relationship.

The age of consent is 16.

The Attorney General will appeal to the Alabama Criminal Court of Appeals and whatever is decided there, the losing side likely will appeal to the State Supreme Court.

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