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Posted: August 13, 2017

Alabama's teacher-student sex law is unconstitutional, judge rules


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Alabama's teacher-student sex law is unconstitutional, judge rules
Carrie Witt and David Solomon

By Jeffrey Caplan, Rare.us

MORGAN COUNTY, Ala. —

Two Alabama teachers accused of having sex with students had their charges dismissed by a judge who declared the state’s teacher-student sex law unconstitutional.

>> Watch the news report here

Morgan County Circuit Judge Glenn Thompson issued the ruling Thursday that, at least for now, will keep former Decatur High School teacher Carrie Witt and David Solomon, an ex-aide at Falkville High School, from facing charges.

>> Florida teacher accused of sexually abusing, grooming 8 students

According to AL.com, Witt, 44, was arrested in March 2016 when police said she had sex with two teenagers — one who was 17 and the other 18 — when they were her students at Decatur High School. Solomon, 27, was accused of having sex with a 17-year-old student.

>> Teacher pleads guilty to sexual abuse of female student

The law the judge has deemed unconstitutional prohibits any school employees from having sex with students who are younger than 19. Teachers or other school employees in violation of the law can be charged with a Class B felony that carries a punishment up to 20 years in prison. They must also register as sex offenders if convicted. Consent is not a defense.

>> Florida man, 73, banned from beaches for 'seeking his sugarbaby,' officials say

However, the law is harsher on teachers and school employees than other citizens, who do not face criminal prosecution for having sex with 16-year-olds. State prosecutors, AL.com reported, have argued the law is constitutional and designed to protect students.

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