McDade opposes 'consent' defense
by Helen McCoy/Douglas County Sentinel
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Douglas County District Attorney David McDade is adamant in his opposition to a recent Georgia Supreme Court decision that overturned the conviction of a teacher who admitted having sex with a student.

“We don’t want teachers to be able to have sex with students, even if the student consents,” McDade told state legislators Tim Bearden, Tyrone Brooks, Roger Bruce, Bill Hembree and Donzella James during their visit to the Douglas County Courthouse Friday.

McDade said he wouldn’t want his daughter in that situation.

In the case — State of Georgia v. Chase — a 17-year-old female testified that she had initiated contact with the teacher and had consented to the sexual relationship.

House Bill (HB) 897 addresses the issue of the victim’s consent being used as a defense in situations where the defendant is in a position of authority over the victim, McDade said.

“For my entire career, you (the legislature) have said ‘no,’ that this is inappropriate and unlawful,” he said, adding that it is wrong to use consent as a defense.

McDade said he didn’t want schools to be the “hunting grounds” for teachers who seek to have sexual relationships with students.

Bruce asked how this compared to sexual harassment cases in which a supervisor is guilty of committing inappropriate acts with someone who reports to him or her.

McDade said it’s the same thing and applies to law enforcement officers and inmates, as well as mental health associates with their patients.

“The state does not need to set a precedent that would allow people, such as teachers or probation officers, the ability to entice those in their care into sexual acts with no consequences by claiming the relationship was consensual,” McDade said earlier in a press release.

McDade and Solicitor General Brian Fortner, who was also in the meeting, are also opposed to HB 24, an evidence code rewrite bill that McDade said is unfair to victims of crime.

McDade said he “vehemently” opposes it.

HB 24 is a bill that would completely rewrite the rules of evidence and what can be presented in court cases, according to McDade,

He said the proposed changes would remove some of the protection for the victims. For example, if a victim testified, the defense attorney would have the opportunity to cross examine the victim and bring out certain facts about the victim, like past sexual behavior.

If the defendant testifies, the district attorney would be “severely limited” in what information about the defendant could be presented.

In DUI cases, the law currently permits prosecutors to provide the defendants’ history, whereby the rewrite bill would not allow it.

“If we have a person who has been to court four or five times for DUI, the jury has a right to know that there is a pattern of illegal behavior,” McDade said. “I have spent more time opposing that bill,” McDade said, adding that he’s in Atlanta every day when the legislature is in session.

In addition to those items and asking support for HB 567, which guarantees that victims have the right to be notified and to participate in all court proceedings, most everyone who met with the legislators sought help with the budget.

The District Attorney’s Office was no exception.

McDade said budget cuts have impacted his office more than most since his office is funded by the state. Employees are taking 22 to 23 furlough days a year, McDade said, but he added that they report to work, even then.

“The recession doesn’t take a furlough, so we continue to come to work,” he said.

Fortner said his office struggles to find money for the trial transcripts it needs and said he also is concerned about a ruling last year that declared as unconstitutional the disruption of public school policy.

“We need to have the power to prosecute that,” he said.
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