Friday, December 4, 2009

She's Old Enough, She Said OK, It's Georgia, Go For It!

In June, the Georgia Supreme Court handed down a decision establishing the defense of "consent" to sexual  assault and battery prosecutions involving teachers and their students older than 16 years of age.  In most jurisdictions the fact of the student-teacher relationship is understood to be inherently coercive and subject to abuse by the teacher, regardless of what the student says or believes.  But not Georgia, by God!

In Chase v. State, the Chief Justice Sears wrote for the majority Georgia Supreme Court upholding the "consent" defense.  If sweet sixteen says yes, then yes is yes, Horndog!

The Atlanta Journal-Constitution article cited below explores the implications for two statutory rape cases working their way to trial., See opinion of the court at:

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