February 2012
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Closing the Consent “Loophole”

Last Friday, I wrote about State Rep (and Attorney General Candidate) Rob Teilhet saying he wanted to close the loophole in regards to teachers having sex with students being able to use the fact that it was consensual as a defense when charged with sexual assault of a person in custody.

I said then and I maintain that I have ZERO problems with the teacher in question losing their license to teach. I’m even willing to allow – though I’m not completely sold on this – that it should be a crime to begin with. ALL I am saying is that if a person is charged with sexual assault under this statute, the fact that the sex was consensual SHOULD be a valid defense that SHOULD be allowed at trial – as the Supreme Court of Georgia said last summer.

I just wanted to get my position on the matter crystal clear before going into the meat of this post. You see, there is already a bill that attempts to close this “loophole” – State Rep Kevin Levitas’ HB 886 pre-file.

Also please remember that, as always, this commentary is SIMPLY opinion-based commentary from a “civilian” with absolutely no legal training whatsoever. If you need legal advise on the subject matter at hand, PLEASE contact a member of the State Bar of Georgia!
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