DECATUR, AL (WCMH/WZDX) – Charges were thrown out Thursday against two Alabama teachers who were accused of having sex with students

Carrie Witt, 44, was accused of having sex with two students between 16 and 19 years old while teaching at a Decatur, Alabama high school.

David Thomas Soloman, 25, was accused of having sex with a 17-year-old girl while working as a teacher’s aide at Falkville High School.

The ruling in the case states, “The Court finds this statute unconstitutional as applied to these Defendants. In so finding, this court does not endeavor to absolve any wrongdoing or to excuse the Defendants. Moreover, the Court does not encourage any similarly situated party to engage with impunity in what may very well be criminal behavior.”

The decision was made based strictly on the allegations in the indictments, with no testimony or evidence taken at the hearing.

At issue was, “whether or not the parties were consenting adults, whether the school employees were in any position of authority, in fact, over the students, and whether the school employees, in fact, abused any position of authority they had to coerce, groom, or otherwise obtain the illegitimate consent of the alleged victims.”

In its ruling, the “Court acknowledges that a disparity of power may inherently exist in a teacher/student relationship, but it does not exist between every school employee and every student regardless of where the student is enrolled.”

The age of consent in Alabama is 16 unless someone uses “position of authority” to “coerce, groom, or otherwise obtain the illegitimate consent of the alleged victims,” WHNT reported.

Teachers or school employees violating the law can be charged with a felony that is punishable by up to 20 years in prison. Consent is not a defense to the law, al.com reported.

The cases were “dismissed without prejudice.” The State is “given leave to refile within the appropriate statute of limitations and under the proper statute(s).”