The wife of a former school sports coach who admitted to having sex with her husband’s student has claimed the boy willingly took part in the affairs.
Kelsey McCarter, 29, pleaded guilty in 2017 to six counts of statutory rape involving a 16-year-old player and was sentenced to three years in prison.
She admitted to the affair with the boy, who played American football at South-Doyle High School in Tennessee, where her husband Justin was assistant coach.
In the unnamed teen’s lawsuit, he claimed McCarter repeatedly molested him after he and his older brother moved in with the couple.
Court records show the boys’ single mother was having “domestic issues” with them and agreed to have her sons rehoused with their teacher in July 2014
But now McCarter wants the lawsuit thrown out by the judge, claiming that the boy consented to their affair — even though the age of consent in Tennessee is 18.
Her attorney Doug Trant wrote in a motion obtained by US media: “The boy claims that he suffered injury from the repeated ‘sexual abuse’ by Ms McCarter.
“However, the complaint is replete with factual allegations allowing the conclusion that he was a willing participant in numerous sexual encounters with Ms McCarter.”
Justin McCarter told both boys to leave his home in August 2015 but denied knowing about his wife’s affair at this point.
Continuing the affair long after the boy moved back home, Kelsey later convinced her husband to let the boy stay with them again in October 2015.
The teen posted a nude picture of Kelsey on social media a few months later, according to US news.
School authorities were alerted as a result, and Kelsey was later indicted, while her husband resigned as assistant football coach.
The teen later sued the McCarters, as well as the school system, but Kelsey’s attorney claims he wasn’t a victim of sexual abuse, and so isn’t entitled to damages.
By his own admission in the complaint, he continued to ‘submit’ to the sexual contacts with Ms McCarter because he wanted to return to live with the McCarters,” Trant went on.
“He desired and maintained a sexual relationship with Ms McCarter in order to derive a personal benefit — initially to extend his stay at the McCarters’ residence and then to ensure his return.”
According to the teen’s lawsuit, Kelsey performed sexual acts on him at least 11 times between July and October 2015.
He is seeking damages of at least $2 million (£1.6 million), and a hearing for the case has been scheduled for December 20.