An Alabama judge Tuesday will rule on the constitutionality of the state’s law that prohibits school employees from having sex with students who have reached the age of consent.
ABOUT THE ARREST: Alabama cheerleading coach arrested for allegedly having sex with two teenage students
The rule’s legality is being challenged by Carrie Cabri Witt, 43, who was arrested in March 2016 for allegedly having sex with a 17-year-old and an 18-year-old student at Decatur High School in the Decatur City School District.
Her defense team, attorneys Robert Tuten and Nick Heatherly, say the 2010 law improperly treats school employees differently from other civilians and violates teachers’ 14th amendment equal protection rights.
“Had Witt been a volunteer coach and not a school employee, the statute would not even apply. She exercised no power over them. She never tried to use her position of authority over them,” court documents obtained by AL.com said. “(The law) should be an attempt by the Alabama legislature to protect students from being victimized by teachers who abuse authority and influence to coerce or fraudulently obtain consent for sex acts.”
Judge Glenn Thompson is expected to rule on the statute’s legality Tuesday afternoon in the Morgan County Circuit.
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