The Georgia Supreme Court reversed the conviction of a former Harlem High School teacher who had a sexual encounter with a student.

In a 5-2 ruling Monday, the court found that a Richmond County Superior Court judge and the Georgia Court of Appeals were wrong in deciding that Melissa Chase could not use consent as a defense to sexual assault against a person enrolled in school when the victim was of the age of consent, 16.

Ms. Chase, now 31, was sentenced to 10 years in prison in August 2007. In a bench trial, Judge Carl C. Brown Jr. found Ms. Chase guilty of sexual assault for a single sexual encounter with a then-16-year-old student in November 2006. The student, who had been in Ms. Chase's gym class a year earlier, testified that she pursued a friendship and relationship with Ms. Chase and was a willing participant in the sexual contact.

The General Assembly passed statutes that criminalize sexual contact between people in a position of authority over others -- such as a teacher, prison guard or psychiatrist. While the law specifically disallows a consent defense for the guard or psychiatrist, it is not addressed for the teacher-student.

The prosecutors urged the court to look to a broader meaning in the statute to protect children.

"The District Attorney's passion for protecting school-age children is admirable. However, to accept these arguments would be to legislate by judicial fiat, and to do so ex post facto to boot. We will not usurp the General Assembly's legislative role," the majority opinion written by Chief Justice Leah Ward Sears reads.

Ms. Chase's attorney Victor Hawk said he didn't think Ms. Chase would have to stand trial again considering the clarity of the court's ruling. But Ms. Chase cannot be released immediately from prison, he said. The legal system requires that the Supreme Court send its ruling down to the Court of Appeals, which must adopt it as its own, and then the decision is sent down to the trial court.

District Attorney Ashley Wright said she would need to go over the case with the prosecuting attorney and the victim before deciding whether to retry Ms. Chase.

Ms. Wright said she believes legislative action will be needed and school policy may be needed to address the issue.

"The problem is not because of the victim's age. The problem is that the sexual relationship existed between people of this class -- teacher and student. Public policy would clearly support a prohibition against teacher-student relationships."

Justice George H. Carley wrote the dissenting opinion, which agrees with Ms. Wright's position. The majority opinion, he contends, eliminates the prosecution of sexual assault against a person enrolled in school if the victim is 16 or older.

"A statute enacted in pertinent part to protect students from exploitation by teachers is now almost useless due to the judicial imposition of a defense of consent, even though consent in these circumstances is commonly obtained by the very exploitation which the statute was designed to prevent," Justice Carley wrote.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.