Motion to dismiss teacher sex case denied in Lawrence Co.

Teacher sex case on hold for at least 6 months

LAWRENCE COUNTY, Ala. - A case involving a teacher charged with having sexual contact with a student is on hold for now.

A Lawrence County judge denied a motion to dismiss the case against Taylor Boyles.

Boyles was arrested for being a school employee accused of engaging in a sex act with a student.

Taylor Boyles case will not get a decision soon. Judge Mark Craig is waiting for the outcome in two Morgan County teacher sex cases, before deciding how to rule on this one.

"Section 13A-6-81 is an unconstitutional statute," said Mark A. Dutton, Defense Attorney for Boyles.

Defense Attorney Mark Dutton wants action on legislation that makes it criminal for a school employee to engage in a sex act with a student under 19.

It's a law he says conflicts with another state law.  

"In Alabama, once a person reaches the age of 16 years, they have the right to consent or not consent to sexual contact," said Dutton.

The argument did not rouse Judge Craig.

He argued Boyles knew better, but still issued no ruling, based on similar cases that were dismissed.

Both are now in appeals court.

Lawrence County District Attorney Errek Jett said, "It's the context here of the school setting."

The DA's office is taking into account Boyles' status as a school teacher and her involvement with a high school student.

"I don't know what the Court of Appeals will do. I do believe that whatever the court of criminal does that the case will go on to the Alabama Supreme Court," said Jett.

Defense Attorney Mark Dutton is pushing for this case to be heard by the State's Supreme Court, saying the law was poorly written and needs to be more specific.

It could be at least another six months before ruling is made on the two Morgan County cases in appeals court.

Lawrence County's DA has said Boyles case may be delayed until this time next year. 

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