Sex with American high school football player was ‘consensual’, the school coach’s wife insists
This comes despite McCarter, 29, pleading guilty to six counts of statutory rape in 2017 after a tryst with the teenage player at South-Doyle High became public. Her husband, Justin McCarter, worked at the high school at the time, as an assistant coach.
McCarter is in prison after agreeing to a three-year sentence, of which she must serve at least 30 percent, but has asked a judge to throw out a lawsuit brought forward by the teen which claims that McCarter repeatedly molested him after moving in with her and her husband in 2014.
The age of consent in Tennessee is 18.
The teen, along with his older brother, had moved in with the McCarters with their mother’s permission, who was said to have been experiencing 'domestic issues' at the time.
“However, the complaint is replete with factual allegations allowing the conclusion that [he] was a willing participant in numerous sexual encounters with Miss McCarter.”
The two boys were asked to leave the McCarter household in August 2015 by Justin McCarter, though he has said that this was not due to the sexual relationship, as he was not aware of it at the time.
The relationship between Kelsey McCarter and the teen continued after this time. The two boys were permitted to return to the McCarter home the following October. The relationship became public when the teen posted a nude picture of McCarter to social media.
Kelsey McCarter was subsequently indicted and Justin McCarter resigned his position as the school’s assistant coach.
McCarter is now asking a judge, via her attorney, to throw out a lawsuit brought forward by the teen for the reason that he was a “willing participant” in the affair and that, for this reason, he is not entitled to damages.
“By [the boy’s] own admission in the complaint, he continued to ‘submit’ to the sexual contacts with Miss McCarter because he wanted to return to live with the McCarters,” Doug Trant wrote in the motion.
“By his own admission in the complaint [the boy] desired and maintained a sexual relationship with Miss McCarter in order to derive a personal benefit — initially to extend his stay at the McCarters’ residence and then to ensure his return therein.”
The motion elaborates, suggesting McCarter was entitled to believe that the teenager wanted to be involved sexually.
At least 11 counts of sexual misconduct are levied against McCarter in the suit, taking place between July and October of 2015. $2 million in damages are being sought in the case, with the next hearing scheduled for December 20.