MOBILE, Ala. (WKRG) — A Morgan County Circuit Court Judge has ruled that the Alabama Law prohibiting school employees from engaging in a sexual relationship with a student is unconstitutional.
In a five-page decision, Judge Glenn E. Thompson ruled in the Carrie Witt case that the Alabama law does not require that the State prove the employee ever had or used authority over the student while in school and abused that power.
The ruling states that “by eliminating the requirement that the state show a position of authority, grooming, abuse coercion, or lack of consent, the state criminalizes behaviors outside the state’s legitimate purpose.”
The Judge continued in his ruling that “In so finding, this Court does not endeavor to absolve any wrongdoing or to excuse the Defendants.”
Charges were dismissed Thursday against 44-year-old Carrie Witt, a former teacher at Decatur High School, and 27-year-old David Solomon, a former contract teacher at Falkville High School.
The ruling does allow the District Attorneys to refile charges under other appropriate laws.
View the full ruling here.