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.
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To which specific GA Code statute is reference made in paragraph 4 of this article?
So, once again, the liberal courts leave children without defense and little recourse. Under this ruling, are any impressionable children safe from their "guardians" actions? Parents beware.
Tell it to the Legislature if you don't like the law.
Surely the law will soon be restructured to include teacher/student specifics. I realize that many sixteen-year olds are sexually active; however, they are still CHILDREN, no matter what the law states.
To avidreader--Not that I am pro her position by any means you do realize if they met on the street not as teacher student the law says 16 legal if you want to consider them children other laws have to be changed.
Yes the law has to be changed to protect these children even if they don't want to be protected. Lord knows who hasn't has a crush on a teacher ( mine was the drivers ed coach) but better sense prevails and the teacher backs away. I see these "children" of 13 - 16 everyday and if you didn't know better you would swear they were 17-20 but the blame still lays at the feet of the "adult" teacher to not be seduced. She should be punished but I never agreed with the original sentence of 10 years in prison in this case not when true child molesters walk away with probation.
Exactly REP. I understand the 'person of power' idea, but when the 'victim' acknowledges that she 'pursued the friendship and relationship' they have to consider other options.
Rep is correct. Legal is legal and I believe the person was out of the teachers class at the time. Wrong judgement by the teacher AND the student but not a jailable offense since they were both of legal age.
She was not a student of the teacher at the time of the relationship nor was she teacher a coach of hers either. They were both of consenting age.
FREE Coach CHASE!!
Why is it so hard to believe that a 16 yr old could not be a predator? We don't know anything about this girl but it is obvious that she persued this relationship. I feel that a 16 yr old is old enough to know better when it comes to sex. Granted Ms Chase should rebute her efforts, when someone is persueing you even if your pushing away any contact can be misconstrued. Was anyone who convicted this woman actually there to witness this?
while i applaud the decision in this case, i do wonder if the teacher gave any sort of misinterpreted "signal" to the then 15 year old girl when she was enrolled in the gym class. otherwise, i completely agree that 16yr old girls are just as likely to have a "notch in the belt" mentality as 16yr old boys and, as such, very likely could be the aggressor in this instance. why the teacher went thru with the act that clearly violates PSC practices and would result in being fired if found out is beyond me...
Fire her, yes because regardless of the law her lover was still a student. Should she have served jail time no and should be compensated for the two yeas spent. I don't understand why all of this did't come out in her trial. I remember when just about all teacher student relationship was between male teach and female student. now the female teachers are on the prowl and seem to receive more jail time than males..
The mistake hear is that those who prosecuted her didn't interpret the law properly and the judge let it happen. If I performed my job that way I would be fired. I believe that if a prosecutor prosecutes a case and loses the D.A.'s office must pay all legal fees for the defendant. This would stop overzealous prosecutions.
patriciaharris, why blame a liberal court? Blame the horrible laws that our fabulous legislature writes. The Justices were following the LAW. Chase has already been overly punished by being in prison for two years. She is not a predator, she just made a stupid mistake. Her life will never be the same and don't worry, she won't be teaching. I've seen murderers and other violent people get off much easier that Chase, and this wasn't a "crime", it was a horrible and wrong decision she made.
So, once again, the conservative courts leave adults without defense and little recourse.
PT, this has nothing to do with a liberal court but has everything to do with the legislators that wrote the laws. You are complaining about the wrong people.
This country is going to hell in a handbag. So now teachers can pretty much have affairs with the students. I fear for my daughter, she will be 15 this year and I bet the male teachers will be using this as an example for what they can pull over the courts eyes in the near future.
Your daughter needs to wait until she is 16 to begin having affairs with teachers, Evans.
If your daughter wants to have an affair with one of her teachers, then you have bigger problems than you think. If you haven't taught your daughter yet about appropriate behavior and boundaries, both on her part and on the part of adult men, I suggest you start now.
In the military you are not suppose to have officer / enlisted relationships, NCO's versus privates relationships and/or trainee / permanent party relationships. It happens every day. I bet this 16 year old perpetuated everything and her guilt is bothering her and she has confessed to help the teacher get out.
The teacher was supposed to be an authority figure, not a sexual preditor. Jail is a little extreme, but taking away her teaching license and privaleges would fit the crime. Thats what this country needs is more liberals teaching our youths deviant and alternative life styles (perverted life styles) weed the trash out!! People we need to go back to basic moral, conservitve values before we self destruct as a nation.