ATLANTA, June 15 (UPI) -- The Georgia Supreme Court Monday overturned a teacher's sexual assault conviction because she was not allowed to argue the alleged teen victim consented to sex.
Court Chief Justice Leah Ward Sears wrote in the decision that Melissa Lee Chase, 28, should have been allowed the chance to present a consent defense when on trial for having a sexual relationship with a former student, The Atlanta Journal-Constitution said.
"The question is whether, in November 2006, consent of the alleged victim was a defense to the crime of sexual assault of a person enrolled in school," Sears wrote of court's 5-2 decision. "We have concluded that it was, as long as the student had reached the legal age of consent."
The age of consent in Georgia is 16 and the female student with whom the Harlem High School teacher had an affair with was a 16-year-old junior.
The Journal-Constitution said after the girl's mother uncovered the relationship and contacted police, Chase was tried and convicted of sexual assault. The teacher was sentenced to 10 years in prison and five years of probation.
