Chase v. State

681 S.E.2d 116 (2009)

CHASE

v.

The STATE.

No. S09G0139.

Supreme Court of Georgia.

June 15, 2009.

Reconsideration Denied June 30, 2009.

Victor Hawk, Augusta, for Appellant.

Daniel J. Craig, Dist. Atty., Charles R. Sheppard, Asst. Dist. Atty., for Appellee.

SEARS, Chief Justice.

This appeal presents a straightforward question of law. 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. We have concluded that it was, as long as the student had reached the legal age of consent. Accordingly, the trial court erred…