A 2010 state law of an Alabama judge determines sex with students as a crime. This verdict was rendered by the Judge Glenn Tompson. He dismissed charges against two former high school teachers—Carrie Witt, 44, and David Solomon, 27—who had sexual relationships with their students whose ages ranged from 17 to 18.
Thanks to the 14th Amendment, teachers have equal protection rights. Also it treats educators differently under the law than other citizens. This is claimed by Witt and Solomon’s lawyers.
Judge Thompson wrote:
The Court finds this statute unconstitutional as applied to these defendants. “In finding so, this court does not endeavor to absolve any wrongdoing or to excuse the defendants. Moreover, the court does not encourage any similarly situated party to engage with impunity in what may very well be criminal behavior
According to prosecutors, the relationship between teacher and student is unique. Sexual relationship, for its turn, breaks down internal authority and trust demanded in a classroom. Nevertheless, Judge Thompson was still hesitating.
This court acknowledges that a disparity of power may inherently exist in a teacher/student relationship, but it clearly does not exist in every school employee and every student regardless of where that student is enrolled
It is likely that other states have more specific laws not violating other constitutional rights. F.e. Texas, Kansas, Arkansas examine whether a teacher abused their position of power in their sexual relations with students.
What The?? Alabama judge says it's ok for teachers to have sex with students. https://t.co/vWr4kuVMJV
— ((Wendy McClelland)) (@wendyweb47) August 11, 2017