A judge in Decatur, Alabama has thrown out charges against a teacher for allegedly having sexual relations with two students when she taught at Decatur High School. 44-year-old Carrie Witt had her charges dismissed without prejudice on constitutional grounds on Thursday.
According to WHNT, Witt was accused of sleeping with two students between 16 and 19 years old.
Morgan County Circuit Judge Glenn Thompson ruled students can consent to sex under state law once they turn 16, unless someone uses a "position of authority" to "coerce, groom, or otherwise obtain the illegitimate consent of the alleged victims." Although a teacher may be in a position of authority, the judge found that it "clearly does not exist between every school employee and every student regardless of where that student is enrolled."
In other words, prosecutors have to prove that Witt "was actually in a position of authority over the victim/student and that the position of authority was abused to obtain consent."
As Daily Mail shares, the age of consent is 16 in Alabama but a law was passed in 2010, made it a felony for a school employee to have sex with a student under 19 years old.
Witt was a cheerleading coach prior to the charges. She also taught history, psychology and social studies and coached the girls' golf team.
[Photo: Decatur Police Department]