Attorney for teacher in teacher-student sex case weighs in

Court finds state law unconstitutional in two teacher-student sex cases

The Morgan County Circuit Court has ruled that in two cases involving a teacher having a sexual relationship with a student, an Alabama state law is unconstitutional.

The Defendants were Carrie Cabri Witt and David Thomas Solomon. The indictments were identical in all respects "excepting the parties to each charge."

It states, "The Court finds this statute unconstitutional as applied to these Defendants. In so finding, 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."

SEE THE FULL COURT ORDER HERE

Robert Tuten, attorney for Carrie Cabri Witt, shared his perspective on the case.



 

The decision was made based strictly on the allegations in the indictments, with no testimony or evidence taken at the hearing. 

At issue was, "whether or not the parties were consenting adults, whether the school employees were in any position of authority, in fact, over the students, and whether the school employees, in fact, abused any position of authority they had to coerce, groom, or otherwise obtain the illegitimate consent of the alleged victims."

In its ruling, the "Court acknowledges that a disparity of power may inherently exist in a teacher/student relationship, but it does not exists between every school employee and every student regardless of where the that student is enrolled."

SEE THE BRIEF IN SUPPORT OF MOTION TO DECLARE ALABAMA CODE 13A-6-81(a) UNCONSTITUTIONAL HERE.

The cases were "dismissed without prejudice." The State is "given leave to refile within the appropriate statute of limitations and under the proper statute(s)."

 

 

 

 


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