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PART 2
Ga. Supreme Court overturns ban on kids visiting father’s gay friends
Justices also reverse 10-year sentence of female teacher who had sex with former student
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Jun 19, 2009 | By: MATT SCHAFER

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decision.

In the majority opinion, Sears wrote that since the age of consent is 16 in Georgia, minors can enter into sexual relationships with adults.

“The plain language of the statute does not in any way indicate that the General Assembly intended to remove consent as a defense” to a sexual relationship between someone “enrolled in a school” and someone in a supervisory capacity, Sears wrote.

Justices Carley and Thompson dissented.

Charles R. Sheppard is the principle appeals-level attorney for the Augusta Judicial Circuit who prosecuted the case against Chase. He said he was disappointed but not surprised with the ruling, and expects the General Assembly to address Georgia’s age of consent laws.

Chase has spent two years and two months in prison after being sentenced to 10 years in prison and 5 years on probation. She won’t be discharged until the ruling cycles through the court system, and the district attorney has a chance to retry the case. Chase’s attorney, Victor Hawk, said he doesn’t think there will be another trial.

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