An Alabama high school teacher accused of having sex with two male students has had her criminal case tossed by a judge 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 another male student who was 18.
She convinced 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 state has never said it was other than consensual. If that is the case they cannot charge (her) with a crime.”
He added: “It doesn’t 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 judge had ruled in her favor.
Alabama lawmakers made teacher-student sex under the age of 19 a crime in 2010.